폭력행위등처벌에관한법률위반(공동공갈)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
1. The summary of the reasons for appeal is unfair because the punishment of the original judgment (one year, four months of imprisonment, and confiscation) is too unlimited.
2. In full view of all the facts pertaining to the judgment, the fact that the defendant recognized the crime of this case, the fact that the defendant did not have the record of punishment for the same crime, the defendant did not have an agreement with many victims, the role and degree of participation of the defendant in each of the crimes of this case, the circumstances and the progress of the crime of this case, the profits the defendant acquired, the profits the defendant acquired, the character and conduct, age, occupation and occupation of the defendant, and the sentencing specified in the records and arguments of this case, the judgment of the court below is justified, and the defendant's assertion is justified.
3. According to the conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (4) of the Criminal Procedure Act is reversed, and the following judgment is rendered after pleading.
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 the 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 2(2) and (1)3 of the Punishment of Violences, etc. Act regarding the crime concerned, Article 350(1) of the Criminal Act (the point of joint conflict), Articles 6 and 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint conflict) concerning the punishment of each crime, and selection of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;