폭력행위등처벌에관한법률위반(상습공갈)등
A defendant shall be punished by imprisonment for six months.
Among the judgment subject to a retrial by this Court, each of the crimes listed in paragraphs (b) and (2) of Article 1-B of the judgment in the judgment subject to a retrial [limited to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), a violation of the Act on the Punishment of Violences, etc., and a violation of the relevant duties to a victim F, and a violation of the relevant duties to a victim F, and a violation of the relevant duties to a victim F, and a violation of imprisonment with prison labor for six months] of the judgment, the scope of the judgment by this court is limited to the above part, and each of the crimes listed in paragraphs (a) and (3) of Article 1 of the judgment [a violation of the Punishment of Violences, etc. Act (Habitual Violence), a violation of the Act on the Punishment of Violences, etc., and a violation of the duties to the victim F, and a violation of imprisonment with prison labor for one year and six months];
In addition, the part of the crime of interference with the duties of paragraphs 1-b and 2 of the judgment is merely a mere fact that a new trial has been initiated on the grounds that the part of the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and one sentence was rendered without any separate review. As to the crime of interference with the duties of Articles 1-b and 1-2 of the judgment, a new trial is conducted only to the extent necessary for sentencing (see, e.g., Supreme Court Decision 2001Do1239, Jul. 13, 2001). Meanwhile, with respect to the part of the crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapon, etc.) under Article 2 of the judgment, the prosecutor modified Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act to "special intimidation", and Article 3(2)1-2(3) of the Criminal Act and Article 8(2) of the same Act to "the amendment of this Act."
Punishment of the crime
1. Around October 19:40 on October 7, 2014, the Defendant ordered a alcohol at a cafeteria “H” restaurant operated by the Victim F (M, 47 years old) located in Suwon-gu G, Busan, but there is concern that the Defendant might put the breath of alcohol.