폭력행위등처벌에관한법률위반(공동공갈)등
The judgment below
The part against the defendant shall be reversed.
Defendant (i.e., the first order of December 2010 and December 11 of the same year.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. According to the case search and judgment of the Supreme Court lawfully adopted and investigated at the court below's ex officio decision, the defendant was found to have been sentenced to a two-year suspended sentence for a crime of fraud, etc. at the Busan District Court on April 19, 2011, and the above judgment became final and conclusive on April 27, 2011. If so, the crime of violation of the Punishment of Violence, etc. Act of December 11 and December 16 of the same year among the criminal facts in the judgment of the court below is in the concurrent crime under the latter part of Article 37 of the Criminal Act, since the crime of violation of the Punishment of Violences, etc. Act of December 16 of the same year and the above crime of violation of the Punishment of Violences, etc. Act of December 16 of the same year are the concurrent crimes under the latter part of Article 39 (1) of the Criminal Act, and since the remaining crimes of violation of the Punishment of Violences, etc. Act of the Punishment of Tax Evaders and the Punishment of Tax Evaders Act of the same Act are separate from the former part of Article 37 of the Criminal Act.
3. Under Article 364(2) and (6) of the Criminal Procedure Act, without examining the Defendant’s assertion of unfair sentencing, the part of the lower judgment on the Defendant’s ex officio is reversed, and this part of the lower judgment is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and evidence against the defendant recognized by this court is inserted in the main text of the judgment of the court below in the summary of the facts charged. "The defendant is a person who was sentenced to the imprisonment of six months with prison labor at the Busan District Court on April 19, 201 and the above judgment became final and conclusive on April 27, 201," and "the search of the case" adopted and investigated ex officio in the first instance court as evidence of the above final judgment.