공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.
2. The fact that the applicable law of the crime committed by the Defendant was extremely poor, and that there was a record of being punished as an insurance fraud, etc. are disadvantageous to the Defendant.
However, the defendant repents and reflects the defendant's wrong, the total amount of damage is not significant in 2.9 million won, the defendant agreed with the victim in the court below and prepared and submitted a written application to the effect that the damaged person does not have any punishment against the defendant in the first instance trial, and the social ties relation of the defendant is clear, such as the defendant's family and branch, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, circumstances after the crime, etc. are considered too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 350(1) of the Criminal Act (the points of conflict), Articles 352 and 350(1) (the points of attempted conflict) of the Criminal Act, and the choice of imprisonment for the crime;
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 reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act shall be determined as ordered in consideration of the various circumstances described in the above paragraph 2.