폭력행위등처벌에관한법률위반(공동공갈)등
Each part of the judgment of the court below against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
seizure.
1. The decision of the court below (the first instance court: 2 years of imprisonment; 2 years of imprisonment with prison labor; 3 years of confiscation); and 4 years of confiscation) is deemed to be undue.
2. Ex officio determination of ex officio, the defendant filed an appeal against both the judgment of the court of the first and second instance, and the court of the court of the first and second instance decided to hold two appeals jointly. Each of the crimes of the court of the first and second instance is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and in accordance with Article 38(1) of the Criminal Act, one sentence should be imposed within the scope of a limited term of punishment, and therefore, each of the judgment below against the defendant cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the part against the defendant among the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
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), Articles 6 and 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, the choice of imprisonment for each sentence;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Act refers to the Defendant’s act of confession and reflects all of the instant crimes when the Defendant was in the first instance, and the Defendant’s act of committing the instant crime takes advantage of the monetary reward system that the Defendant reported.