특정범죄가중처벌등에관한법률위반(보복협박등)등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
Sexual assault against the defendant for forty hours.
1. Summary of grounds for appeal;
A. The sentence of Defendant 1’s decision (a year and six months of imprisonment, 40 hours of order to complete a program, confiscation) is too unreasonable.
B. It is unfair that the Prosecutor’s sentence (the second instance judgment: imprisonment with prison labor for 8 months and 2 years of suspended execution) of the Prosecutor’s lower judgment (the second instance judgment) is too unfluent and unfair, and the first instance judgment exempted the Defendant from issuing an order to disclose and notify personal information.
2. The judgment of the court below was rendered to the defendant, and the defendant appealed against the judgment of the court of first instance, and the prosecutor appealed against the judgment of the court of first instance, and this court decided to hold a joint hearing of each appeal case.
The crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Code, and thus, the judgment of the court below can no longer be maintained.
3. In conclusion, the judgment below reversed all the judgment below pursuant to Article 364(2) of the Criminal Procedure Act without examining the following grounds for reversal ex officio. Thus, the judgment below is reversed, and it is again decided as follows: (a) the defendant and the prosecutor’s improper assertion of sentencing and the prosecutor’s improper assertion of exemption from disclosure or notification order; and (b)
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 283(1) (the purpose of retaliation) of the Criminal Act, Articles 320 and 319(1) (the point of intrusion on special buildings) of the Criminal Act, Articles 284 and 283(1) (the point of special intimidation, each choice of imprisonment), Articles 258-2(1) and 257(1) of the Criminal Act, Articles 300 and 298 of the Criminal Act, Article 298 of the Criminal Act (the point of attempted indecent acts, each choice of imprisonment), Article 298 of the Criminal Act.