공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the court below is too unreasonable.
2. Each of the instant crimes committed is a situation unfavorable to the Defendant, such as: (a) the Defendant assaulted and threatened a victim on several occasions over a considerable period of time in relation to the collection of claims and took over an amount significantly exceeding the actual amount of debt; (b) the nature of the instant crime is very poor in light of the background and content of the crime; and (c) the Defendant’s each of the instant crimes appears to have suffered considerable mental suffering as well as monetary damage.
However, in light of the following: (a) the Defendant recognized all of the instant crimes in the course of the trial; (b) the Defendant’s mistake is against the Defendant’s mistake; (c) the Defendant recovered monetary damage following the pronouncement of the lower judgment and agreed smoothly with the victim; and (d) the Defendant was a primary offender who has no record of criminal punishment; and (c) the Defendant’s age, character and conduct, the background of the instant crime, circumstances after the instant crime; and (d) the relationship with the victim, etc., the lower court’s punishment is unreasonable.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as stated in each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 15(1) and Article 9 subparag. 1 (a) of the Fair Debt Collection Practices Act (a comprehensive provision of assaulting and threatening a debtor), Article 324(1) of the Criminal Act, Article 350(1) of the Criminal Act regarding criminal facts, and Article 350(1) of the Criminal Act, including imprisonment.