폭력행위등처벌에관한법률위반(상습협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Seized evidence 1 (U.S.) shall be confiscated.
1. The decision of the court below on the gist of the reasons for appeal (10 months of imprisonment) is too unreasonable.
2. We examine the judgment, the defendant threatened victims with dangerous articles, and repeats the crime during the period of repeated crime as a crime related to the same kind of violence, etc., even though it is recognized that the defendant violated the defendant's wrong, the defendant agreed with the victim D at the court below, the defendant appeared to have reached an agreement with the victim F, the defendant's mother appears to be a somewhat contingent crime under drinking, the defendant's assistance in leading the defendant and wanting the defendant, and all the matters concerning the sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., it is recognized that the punishment of the court below is unfair, and therefore the defendant's improper argument for sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a victim D with a heavier penalty, but the punishment of imprisonment shall be chosen);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;