폭력행위등처벌에관한법률위반(공동공갈)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.
2. Reviewing the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds for appeal ex officio, following the Defendant’s oral statement and investigation report (Attachment to the judgment of the first instance court, etc. on May 15, 2014), the Defendant was sentenced to imprisonment with prison labor for one year and four months for a violation of the Narcotics Control Act at the Suwon District Court on July 17, 2014. On January 21, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a violation of the Narcotics Control Act at the Busan District Court on January 29, 2016 and the said judgment became final and conclusive on January 29, 2016. As such, the crime of violation of the Act on the Control of Narcotics, Etc., for which the judgment became final and conclusive, and the crime of this case was related to concurrent crimes under Article 37 of the Criminal Act, and thus, the lower court’s judgment was no longer mitigated or exempted, taking into account the case and equity.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is the first head of the lower judgment’s criminal history, and the judgment was finalized on January 29, 2016, when the Defendant was sentenced to one year and four months from May 15, 2014 to a violation of the Act on the Control of Narcotics, Etc. at the Suwon Flag Flag, and the judgment became final and conclusive on July 17, 2014. On January 21, 2016, the Busan District Court was sentenced to one year and six months from imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and the judgment became final and conclusive on January 29, 2016.
Before the judgment, “1. Before the judgment,” in the column of the evidence, the Defendant’s oral statement and investigation report (suspect A’s first instance judgment, etc.).