공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. The crime of this case was committed by the Defendant by threatening the victim himself/herself and his/her death as if he/she would do harm, thereby passing away or withdrawing the amount of money several times. In light of the criminal history and the method of the crime, in light of the fact that the nature of the crime is very bad, the total amount of damage actually taking place reaches 14,300,000 won, and the fact that the Defendant had the power of being sentenced to suspended sentence and fine due to the same crime, it is recognized that there is a need to strictly punish the Defendant, and it is inevitable to sentence a sentence.
However, in full view of the following: (a) the Defendant committed the instant crime; (b) the instant crime was committed against embezzlement established on April 17, 2014 and concurrent crimes under the latter part of Article 37 of the Criminal Act; (c) there is a need to determine punishment in consideration of equity with the case to be adjudicated at the same time under Article 39(1) of the Criminal Act; (d) the victim paid KRW 25 million to the victim; and (e) other various sentencing conditions as well as the records and arguments, such as the Defendant’s age and happiness environment; and (e) circumstances before and after the commission of the instant crime, the sentence imposed by the lower court is somewhat unreasonable.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 350 (1), Articles 352 and 350 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment for the crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;