특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by imprisonment for two years and by a fine of 380,000,000 won.
1. The following facts are acknowledged according to the records of the decision subject to review and the decision to commence a retrial.
A. On February 17, 2016, the above court sentenced the Defendant and the Prosecutor filed an appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.), violation of the Punishment, etc. of Specific Crimes (Intimidation, etc.), violation of the Punishment of Tax Evaders Act (Delivery, etc.), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc.), aiding and abetting the Defendant, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Account Statement), violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc.), violation of the said Act, violation of the said Act, and violation of the Petroleum and Petroleum Substitute Business Act, with respect to the above judgment, two years of imprisonment and 400 million won.
B. On July 20, 2016, Seoul High Court Decision 2016No. 815, the appellate court, reversed the judgment of the court below on the ground that there was an error in applying the legal provisions on certain criminal facts, and there was an amendment to the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes, among the criminal facts of the defendant, sentenced the defendant to both imprisonment and a fine for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as issuance of false tax invoices) among the criminal facts, and the remaining crimes of the defendant are regarded as concurrent crimes under the former part of Article 37 of the Criminal Act (the portion of imprisonment with prison labor), and deemed the defendant to be punished by imprisonment with prison labor for two years and fine for 380 million won (Article 70 and Article 69(2) of the Criminal Act), applying the "Article 79(2) of the Criminal Act", and sentenced the judgment to attract the defendant in the workhouse for a period of 400,000 won when the defendant did not pay the above fine.
On July 28, 2016, the original judgment became final and conclusive on July 28, 2016 because the defendant waived the right to appeal and the prosecutor did not file an appeal within the period of appeal.
(c)
Article 70 of the Criminal Code, amended by Act No. 12575 on May 14, 2014, and enforced from the same date.