특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years, confiscation) of the lower court is too unreasonable.
2. The judgment of the Defendant: (a) sent gasoline to the home where the victims reside; (b) the Defendant was fluoring and fluoring gasoline in the victim’s house; (c) there were unfavorable circumstances that would have been fluoring human life damage if the victim D did not restrain; (d) the Defendant recognized the instant crime; (c) the Defendant did not have any criminal record or fluoring that exceeds a fine; (d) the Defendant did not have any criminal record for more than 20 years since 1999; and (e) the Defendant agreed with the investigative agency by agreement with the victim C and D; and (e) the Defendant agreed with the victim E in this court that the said victims would not be subject to the Defendant’s punishment; and (e) there are some circumstances
In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the sentencing cases of similar cases, the equity in punishment, and other various sentencing conditions shown in the pleadings, such as the defendant's age, character and conduct, environment, etc., the court below's punishment is deemed unreasonable, and therefore the defendant's assertion is reasonable
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled 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. Relevant provisions of the Criminal Act and Articles 284, 283 (1) (the special intimidation and the choice of imprisonment), 175 and 164 (1) of the Criminal Act for the crime (the occupation of the main building and the reserve for fire prevention);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act of the Suspension of Execution under Article 48 (1) 1 of the Criminal Act is applicable to confiscation.