폭력행위등처벌에관한법률위반(상습공갈)등
All the judgment below is reversed.
Defendant
A Imprisonment with prison labor for a maximum of two years and six months, for a short of two years, and for defendant B, for a long term.
1. The summary of the grounds for appeal (the imprisonment of the defendant A: the imprisonment of the maximum of two years and six months, the short of two years, the confiscation and the confiscation of the defendant B: the imprisonment of the maximum of one year and six months, the short of one year and one year) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendants ex officio, the Prosecutor applied for changes in the indictment with regard to the facts charged as stated in the following facts charged at the time of the trial, and the subject of the trial was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the Defendants’ assertion of unfair sentencing, on the grounds of ex officio reversal.
Criminal facts
[2013 Highest 2746]
1. The Defendant graduated from the F Middle School located in Sinsan-si E, and was expelled on April 15, 2013 after entering the first year from G High School in 2013, and was in violation of the Act on the Punishment of Violences, etc. (Habitual Bribery) by Defendant A during the second year from F Middle School, and was in violation of the victim H (the suicide on March 11, 2013).
피고인은 평소 선배 학생들과 어울리며 학교 내에서 소위 ‘일진’의 짱으로 불리던 학생으로 대부분의 학생들이 자신을 두려움의 대상으로 인식하게 되자, 장난삼아 주변 학생들을 지속적으로 괴롭히게 되었다.
around May 201, the Defendant, within the F Middle School Class E in Busan-si, without any reason, assaulted the victim H by “dwaro,” and assaulting the victim’s head on his hand at his hand.
The Defendant, including that, from May 201 to December 2012, 201, assaulted several damaged students, including the victim H, at multiple times, as indicated in the attached crime sight table (1), and had the victim H, who had been frighted due to the said assault, attend a classroom.