공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (eight months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the crime of public conflict and each crime of fraud in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, although the punishment is determined within the scope of the punishment imposed by concurrent crimes pursuant to Article 38(1) of the Criminal Act pursuant to Article 38(1) of the Criminal Act, the court below acknowledged the whole guilty of each of the above crimes, and therefore, since the application of the statutes of the court below was omitted, the judgment below was no longer maintained
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.
【Discied Judgment】 The facts constituting a crime recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 350 (1) of the Criminal Act (the points of conflict and the choice of imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the fact that a defendant has been subject to punishment several times for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and that the defendant committed the instant crime during the period of repeated crime for the same kind of crime, etc. shall be considered disadvantageous to the defendant.
The fact that the defendant does not want to punish the defendant by mutual consent with the victims, and that the defendant has committed a deep-depth violation while breaking his/her mistake, etc. shall be considered as favorable circumstances.
The age, character and conduct, environment, and motive and means of crime of the defendant.