특정범죄가중처벌등에관한법률위반(보복협박등)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for one year, and the second instance court: imprisonment with prison labor for six months) that the court below made is too unreasonable.
2. The judgment of this court concurrently examined the case of appeal against the defendant by each judgment of the court below, and each crime in the judgment of each court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be exempted from the reversal.
3. Accordingly, the lower court’s judgment reversed all of the lower judgment pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s respective arguments on unfair sentencing on the grounds of ex officio reversal as above, and rendered a new judgment following the pleadings.
【Reasons for the new judgment of the court 【The facts constituting the crime and the summary of the evidence recognized by the court - The summary of the facts constituting the crime and the evidence are the same as the entries of each corresponding column of the judgment of the court below, thereby citing them in accordance with Article 369
Application of Statutes
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act (the point of intimidation for the purpose of return), Article 314 (1)
1. Grounds for sentencing among concurrent crimes, for Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) against the victim'sO with the largest punishment and punishment);
1. One year to forty-five years of imprisonment with prison labor, within the scope of punishment by law;
2. Scope of recommendations according to the sentencing criteria;
(a) Basic crimes and each concurrent crime: Each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (determination of types), violent crimes, intimidation crimes and Type 5 (Scope of Recommendation Punishment) respectively;
(b) Imprisonment with prison labor for a range of recommendations according to guidelines for handling multiple crimes;