폭력행위등처벌에관한법률위반(상습공갈)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, each sentence (the first judgment of the court below: 2 years of imprisonment with prison labor; and the second judgment of the court below: 3 months of imprisonment with prison labor) that the court below sentenced the defendant is too unreasonable.
2. Each appeal case against each judgment of the court below was joined in the court below's ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio. Each of the offenses in the court below's judgment constitutes concurrent offenses under the former part of Article 37 of the Criminal Act, and shall be judged at the same time in accordance with Article 38 of the Criminal Act and sentenced to a single punishment. In this regard, each of the judgment of the court below is no longer maintained.
3. As such, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above grounds for reversal ex officio. The court below's decision is reversed, and it is again decided as follows.
[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 2 (3) 3 and 2 (3) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 350 (1) of the Criminal Act (in combination, the points of habitual conflict), Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 366 of the Criminal Act (the point of damage to property and the choice of imprisonment)
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The following facts are considered in light of the first sentence of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act: (a) the Defendant’s mistake in sentencing; and (b) the victim I and S agreed with the Defendant; and (c) the circumstances favorable to the Defendant.
There is a history of punishment of ten times for violent crimes, one suspended sentence, and nine fines.