공갈등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The sentence (No. 1: Imprisonment with prison labor for 10 months and imprisonment for 2 months) that the court below pronounced in the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the criminal facts in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Therefore, the judgment of the court below
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and the following is determined through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act as to the crime, Article 350(1) (a) of the Criminal Act as to the choice of punishment, Article 352 of the Criminal Act, Article 350(1) (the attempted crime) of the Criminal Act, Article 257(1) (the point of injury) of the Criminal Act, Article 260(1) of the Criminal Act, Article 50(2)6 and Article 32(2) of the Use and Protection of Credit Information Act, Article 283(1) (the point of acquisition of personal credit information) of the Criminal Act, Article 283 of the Criminal Act as to the selection of punishment, and selection of punishment for imprisonment;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been punished three times (one time a suspended sentence of imprisonment, and two times a fine) due to violent crimes. The crime of the instant extortion is against the victims and their families, who were males who had come south on the grounds of the previous wife and gender relations.