특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The accused has been punished several times due to the same crime, etc.
Nevertheless, the defendant committed each of the crimes of this case during the period of repeated crime.
However, the defendant is recognized as committing a crime and is against the law.
Some of the thief's damage (portable phone) was returned to the victim.
The defendant does not want the punishment of the defendant by mutual consent with G, which is the victim of larceny and special confinement in the trial.
In full view of such circumstances and other circumstances as the Defendant’s age, character and conduct, motive, means, and consequence of the instant crime, the lower court’s punishment is deemed unreasonable and unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 284 and 283(1) of the Criminal Act that choose a sentence, Article 329 of the Criminal Act, Articles 278 and 276(1) of the Criminal Act, Articles 276(1) of the Criminal Act, the choice of each imprisonment sentence;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the punishment as ordered shall be determined in full view of various circumstances by examining the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;