특수협박등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (unfair sentencing) each of the original judgments (one year of imprisonment with prison labor) is too unreasonable.
2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.
Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.
In this respect, all judgment of the court below cannot be maintained as it is.
3. 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 in entirety, and the following is again decided after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, it is quoted as it is.
Application of Statutes
1. Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act and Article 283 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Inter-Korean between each special intimidation around the end of December 2015);
1. Selection of each sentence of imprisonment;
1. Each of the crimes of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is an unfavorable circumstance to the defendant, such as that the defendant, who is an adult, has threatened elementary school students, and the nature of the crime is not good in light of the content of the crime. A criminal record of a fine for the same kind of crime has been committed, a second offense was committed in the course of a trial due to the same crime, and the victims want to punish the defendant.
However, the defendant reflects on his ability, and the defendant's ability to recognize is deemed to fall off compared to average adults due to the development of behavior, and at the time of this case, he interferes with depression and labor adjustment.