특정범죄가중처벌등에관한법률위반(보복협박등)
The judgment of the court below is reversed.
The crimes of Articles 1 and 2 in the judgment of the defendant shall be punished by imprisonment with prison labor for two years, and the crimes of Articles 3 and 4 in the judgment.
1. The summary of the grounds for appeal: The court below's imprisonment (two years and six months of imprisonment) is too heavy.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
On February 21, 2014, the Defendant was sentenced to imprisonment with labor for two years for a violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., in the Daejeon District Court’s Support for Incheon District on February 21, 2014, and the judgment
Therefore, since the crimes under Articles 3 and 4 of the judgment of the court below and the crime of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., which became final and conclusive prior to the conclusion of the above judgment, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime under Articles 39(1)3 and 4 of the judgment of the court below should be separately sentenced in consideration of equity
However, the court below erred in imposing only one punishment on each of the crimes in its judgment, which constitutes a cause affecting the conclusion of the judgment, and thus, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for reversal ex officio is based on the above reasons, and it is again decided as follows
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act (for crimes referred to in subparagraphs 1, 2, and 4 in the market, each of them shall be included for each victim);
1. The crimes of Articles 37 (latter part) and 39 (1) (latter part) of the Criminal Act and the judgment becomes final and conclusive.