특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by a year of imprisonment.
1. The defendant's decision on the defendant's unfair argument of sentencing was made in this court, and the injured party does not want the defendant's punishment. Such circumstance is an element of sentencing to be newly considered for the defendant.
In addition, it is normal to consider for the defendant, such as the fact that the defendant led to the confession of the crime, the mistake is divided, and the degree of intimidation against the victim is not serious.
In full view of these circumstances, comprehensively taking into account the sentencing conditions indicated in the arguments, including the Defendant’s age, sex, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, even if considering the factors of sentencing unfavorable to the Defendant, such as the fact that the nature of the crime is not good in light of the contents of the crime and that there has been a history of punishment for the same kind of crime several times, the
We accept the defendant's unfair argument in sentencing.
2. The appeal by the defendant is justified, and the judgment of the court below is reversed and it is so decided as follows.
【Grounds for a new judgment】 Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence as stated in the corresponding column of the judgment of the court below, thereby citing them pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 283 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interfering with duties and the choice of imprisonment with labor);
1. Article 35 of the Criminal Act for aggravated repeated crimes (limited to the proviso to Article 42 of the Criminal Act for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);
1. The grounds for sentencing for concurrent crimes are determined based on the following: (a) the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (aggravating concurrent crimes within the scope of the proviso of Article 42 of the Criminal Act).