특수존속협박등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The sentencing of the judgment below 1, 2, and 3 on the gist of the grounds of appeal is too inappropriate.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
The first, second, and third court rendered a judgment ordering the defendant to be sentenced to each sentence after completing separate hearings for the defendant in accordance with Article 38(1) of the Criminal Act in the case of the first, second, and third court's decision against the defendant, the first, second, and third court's decision to jointly examine the above appeal cases. Since the first, second, and third court's decision against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, each crime under Article 38(1) of the Criminal Act should be sentenced to a single sentence within the scope of a term of punishment for concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below should be sentenced to a single sentence within one of the term of punishment for concurrent crimes under Article 38(1) of the Criminal Act.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 284, Article 283(2) and (1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 148-2(1) of the Road Traffic Act, Article 148-2(1) of the Road Traffic Act, Article 148-2(1) of the Road Traffic Act, Article 148-2(1) of the Road Traffic Act, Article 148-2(2)2 and Article 44 of the Road Traffic Act, each of which constitutes a crime.