공갈미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (two years of imprisonment, four years of suspended execution, and confiscation) is too unreasonable.
2. In full view of all the facts pertaining to the Defendant’s primary offender and the Defendant’s life in custody for about three months in the instant case, the Defendant’s argument is well-grounded on the following grounds: (a) agreement with the victim; and (b) the Defendant’s occupation, age, and other matters pertaining to the sentencing specified in the records and arguments in the instant case; and (c) the Defendant’s punishment is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are 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. Relevant legal provisions concerning criminal facts, Articles 352 and 350(1) of the Criminal Act (the attempted crime), Article 13(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Act before wholly amended by Act No. 1156, Dec. 18, 2012) (the Act before wholly amended by Act No. 11556, Dec. 18, 201); the selection of each imprisonment term;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of grounds for reversal);
1. Where a judgment to submit personal information under Article 48 (1) 1 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Articles 42 (1) and 2 (1) 5 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the chief of the competent police station in accordance with Article 43 of
However, the disclosure order and notification order of registered information needs to be prudent in that they could have a serious impact on the defendant, and in this case, it can be said that the registration of personal information alone would prevent the recidivism of the defendant.