공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Seized evidence Nos. 3 and 4 shall be confiscated.
. Considering the favorable circumstances and the size of the business for lending unregistered loans, the Defendant’s age, sex, environment, circumstances of crime, and circumstances after crime, the lower court’s punishment is somewhat unreasonable.
Therefore, this part of the defendant's argument is justified.
5. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading, on the grounds that the appeal against the defendant's unfair sentencing is justified.
[Judgment of the court below] Summary of facts constituting an offense and a summary of evidence recognized by the court and summary of the facts constituting an offense and a summary of evidence
2. B. On June 2, 2016, the Defendant stated that “The Defendant will open a cell phone and give KRW 500,000,000,000 to each other” on the front of the police box in the door door of the Gyeonggi Pyeong-gun, which is located in a multi-sacrifa, and had M enter the cellular phone (***************************) in the name of M, and then sold L with delivery of KRW 80,00.
Except for the “written appeal” (to the extent that there is no substantial disadvantage in guaranteeing the defendant’s right of defense according to the aforementioned determination, this part of the facts charged is corrected) as stated in each corresponding column of the lower judgment. As such, this part of the facts charged is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions for criminal facts, Article 350 subparag. 1 (a) of the Criminal Act for the choice of punishment, Article 95-2 subparag. 2, Article 32-4 subparag. 1 (a) of the Telecommunications Business Act (a means an act of opening a mobile phone and using it for collecting funds on condition of providing funds), Article 19(1)1, Article 3(1) of the Act on Registration of Loan Business, etc. and Protection of Financial Users (a) of the Road Traffic Act, Article 152 subparag. 1, Article 43 (a) of the Road Traffic Act, Article 152 subparag. 1, Article 43 (a) of the Road Traffic Act, Article 156 (a) of the Criminal Act, brokerage of commercial sex acts, etc.