특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal is that the sentence of the lower court (one and half years of imprisonment, and 40 hours of order to complete a child abuse treatment program) is too unreasonable.
2. The crime of this case committed by the Defendant is not a good and has committed violence, such as threatening the Defendant to carry knife a knife, which is an article dangerous to his wife and children.
However, the defendant's mistake is unfolded in depth and reflected, and the victims do not want to be punished by the defendant by agreement with the victims in the past.
The Defendant decided to divorce with the victim C.
There is no past record of punishment exceeding a fine.
In addition, comprehensively taking account of various circumstances, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 260(1) of the relevant Act concerning the crime (the point of violence), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, Article 71(1)2 and Article 17 subparag. 5 (the point of emotional abuse) of the Child Uniforms Act, Article 283(1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 8 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Offenses by Order to Attend Courses;