폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (one year of imprisonment) is too unreasonable.
2. Although there are not a few times of crimes committed by the defendant's attack, the defendant committed again 10 times of punishment due to special robbery and violation of the Punishment of Violences, etc. Act (at night). However, some of the crimes committed during the attack of this case are attempted by mutual consent with the victims, the defendant's desire to have his wife against the defendant, the defendant reflects his mistake through confinement life, and considering all kinds of sentencing conditions, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment imposed by the court below is somewhat somewhat inappropriate and unreasonable. Thus, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 6 and 2(2) and 3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 2(2) and 3 of the Punishment of Violences, etc. Act, Article 350(1)3 of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 257(1) of the Punishment of Violences, etc. Act on the Punishment of Violences, etc., the Selection of Imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62(1) of the Criminal Act (As above, consideration of the favorable circumstances) shall be given to the suspended sentence.