폭력행위등처벌에관한법률위반(상습공갈)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
A seizure shall be confiscated.
1. Summary of grounds for appeal;
A. Although the defendant merely asked I et al. to make a true statement, and did not interfere with the perjury, the judgment of the court below of the second instance is erroneous in misconception of facts that found the defendant guilty of this part of the facts charged.
B. Each sentence of the lower court (the first instance judgment: the imprisonment of 3 years, the imprisonment of 8 months, and the imprisonment of 3 months: the imprisonment of 4 months) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
This Court held that three appeals cases against the defendant are consolidated and tried, and since the crimes in the decision of each court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained any more.
B. However, the defendant's assertion of mistake of mistake is still subject to the judgment of this court.
Following the evidence duly adopted and examined by the court below, the court below found the defendant guilty based on the evidence such as the defendant's statement in the court of first instance and the police's statement of the first instance as to the criminal facts set forth in subparagraphs 1 through 4 of the judgment of the court below. ② Nevertheless, Co-defendant I, H, and K stated to the effect that the defendant was not subject to violence or detained, unlike the contents of the criminal facts found guilty after attending the court of first instance and taking an oath at the court of first instance; ③ After being prosecuted for the above perjury, Co-defendant I, H, and K led to the confession that they made a false statement against memory at the court of second instance against the defendant's memory at the time of the above testimony; and ④ the witness I of the second court was present at the court of second instance and detained by the defendant at the court of second instance.