협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. An ex officio judgment prosecutor added "Article 37 of the Criminal Act, Article 39 (1) of the Criminal Act" to the provisions of the law applied to the trial, and applied for changes in the indictment to the effect that the criminal records are added to the facts charged, and the judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court are all criminal facts of the judgment below, and the judgment of the court below became final and conclusive on December 22, 2017, where the defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at the Jung-gu District Court on September 26, 2017.
In addition, “1. Court rulings and the results of inquiry into consolidated cases” are the same as the corresponding columns of the original judgment, except for addition to “the results of inquiry into one.” As such, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Articles 261 and 260(1) of the Criminal Act (the point of special assault) and the selection of imprisonment for the crime;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. The crime of special assault in this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated punishment of concurrent crimes is very serious for the defendant to have pushed the victim's chest with his/her chest and threatened him/her with excessive charge, and the defendant has a majority of criminal records of violent crimes, and one year of imprisonment with prison labor for special bodily injury on April 6, 2016, and two years of suspension of execution after being sentenced to suspension of execution.