폭력행위등처벌에관한법률위반(공동공갈)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the defendant's act of taking property by taking advantage of the victim K, L, and M in collaboration with B, A, and D as stated in the facts constituting a crime in the judgment below constitutes a crime of violation of the Punishment of Violences, etc. Act by each victim. Each of the above crimes is in a substantive concurrent relationship, but the court below did not take advantage of concurrent crimes under the former part of Article 37 and Article 38 (1) 2 of the Criminal Act. The court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and thus, the judgment of the court below cannot be maintained.
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 assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the evidence and the criminal facts of the defendant and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 350 (1) of the Criminal Act (joint conflict and collective conflict by victim), and the choice of imprisonment with prison labor;
1. The reason for sentencing is that the crime of this case on the ground of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment prescribed by the Act on the Punishment, etc. of Violence, etc. against Victims K with the largest amount of punishment) of the Act on the A, B, and D of the Act on the A, etc. of Punishment, etc. of Crimes is that the defendant committed the crime of this case, along with the physical attack A, B, and D, planned by the victims whose physical attack occurred at a rare place, and received the property, and then taken the property again according to the gathering of the victims.