특수협박
The judgment of the court below is reversed.
The punishment of the accused shall be eight months by imprisonment.
except that from the date of this judgment.
1. Summary of grounds for appeal;
A. In fact, the Defendant: (a) walking clothes up to the upper part of the clothes; (b) dried the knife of the knife with the knife and sound the knife with the knife; (c) however, there is no fact that the knife knife is
B. The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly examined and adopted as to the assertion of mistake of facts, the fact that the Defendant, as recorded in the facts charged, knife the victim with a knife knife and knife knife knife knife knife knife knife, re
Each statement of the victim, F, and G is consistent with the main parts, as well as is specific and consistent.
The defendant's assertion of mistake is not accepted.
B. The Defendant had reached an appellate court’s judgment on the unfair argument of sentencing, and the Defendant had no record of criminal punishment in the past.
In addition, when examining the conditions of sentencing as shown in the records and arguments of this case and the reasons for sentencing of the lower judgment, the lower court’s sentence against the Defendant is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is again decided as follows after pleading.
[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the mitigated area (four months to one year).