특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court against the Defendant on the summary of the reasons for appeal (one and half years of imprisonment with prison labor for a maximum of one year and six months, and one year of short term) is too unreasonable.
2. In light of the means, methods, etc. of the instant crime, the fact that the nature of the crime is not good, the fact that the Defendant received juvenile protective disposition several times due to violent crimes, etc., is disadvantageous to the Defendant; however, the Defendant led to the confession of the instant crime; the Defendant, in the first instance court, agreed with the victim C, M, and the victim does not want the punishment; there is room for the victim to expect the improvement of character and behavior as the Defendant’s age; and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, background, means, and consequence of the instant crime, the circumstances after the instant crime, and family relationship, are considered unfair since the Defendant’s punishment imposed by the lower court is without merit. Accordingly, the Defendant’s argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Article 260(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, Article 257(1) (a) of the Criminal Act, and the choice of imprisonment for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;
1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;