특수협박등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The sentence (No. 1: Imprisonment with prison labor for 6 months and imprisonment for 10 months) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each 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 provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 283(1) (a) of the Criminal Act, Article 283 of the Criminal Act, Articles 283(1) (a) of the Criminal Act, the choice of imprisonment for each of the following reasons:
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Each of the crimes of this case on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are the reasons for the punishment of concurrent crimes, is to threaten neighbors by means of displaying fire extinguishers or blades, which are dangerous objects of the defendant, damage cement floor and glass windows of the multi-family house in which the defendant resides, damage cement floor and glass windows of the multi-family house in which he/she resides, and interfere with his/her business by putting him/her wear at the shop
The victims of the instant case appear to have directed a serious fear due to the violence of the defendant living in neighboring areas, and the victims of special intimidation.