공갈등
The judgment below
The guilty part shall be reversed.
As to the first crime, the defendant shall be punished by a fine of 5,00,000,00.
1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment with prison labor for the crime No. 1, and four months of imprisonment with prison labor for the crime No. 2 as indicated in its holding) is too unreasonable.
2. The defendant abused his identity and committed each of the crimes of this case. While there is no record of punishment for the defendant as a crime of attack, there is no record of punishment for the defendant. However, the defendant committed a crime of 2 in the judgment below during the period of probation, etc., which is disadvantageous circumstances, such as the fact that the defendant committed a crime of 2 in the judgment below during the period of probation, or is in depth as he recognized the defendant's mistake, and the damage is recovered by deposit of the money borrowed for advertising expenses, the defendant agreed with the victim only with the victim, and the defendant expressed his opinion that the F, who represented the victim on the date of the trial, was present at the victim and the victim's preference to the defendant. In light of the fact that the crime of 1 in the judgment of the court below, there is a need to consider equity with the case where the judgment of the court below becomes final and conclusive, the defendant's age, character and behavior, environment, circumstances, means and result, the records and arguments of this case after the crime, etc.
3. If so, the defendant's appeal is reasonable, and thus, the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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 legal provisions concerning criminal facts, Articles 352 and 350 (1) (a) of the Criminal Act that choose a penalty, Article 350 (2) of the Criminal Act, Article 350 (2) of the Criminal Act, and the choice of fines, respectively;
1. The Criminal Act dealing with concurrent crimes;