폭력행위등처벌에관한법률위반(공동공갈)등
The part of the judgment of the first instance, the judgment of the second instance excluding the compensation order, and the part of the judgment of the third instance.
1. The summary of the grounds for appeal (the first instance court: 1 year, the second instance court’s imprisonment: 10 months, and the third instance court’s imprisonment: 6 months) is too unreasonable.
2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.
Of the judgment of the first and second court and the judgment of the third court, the part of the defendant among the judgment of the court below is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, a single punishment shall be sentenced within the scope of the term of punishment subject to aggravated concurrent crimes by judgment
In this respect, among the judgment of the first and second court and the judgment of the third court, all of the defendants cannot be maintained as they are.
3. Since the part of the judgment of the court below of first, second, and third of the judgment of the court below on the grounds of the above ex officio reversal, the part of the defendant among the judgment of the court below of first, second and third of the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed without examining the defendant's assertion of unfair sentencing, and the part of the defendant among the judgment of the court below of
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the respective corresponding columns of the original judgment.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint conflict), Article 6 and Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint conflict), Article 350(1) of the Criminal Act, Article 352 and Article 350(1) of the Criminal Act, Article 352 of the Criminal Act (the point of conflict), Article 350(1) of the Punishment of Violences, etc.
1. From among concurrent offenders, traffic accidents shall be repeated for a period of up to three years against many unspecified victims, who have driven alcohol by the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.