폭력행위등처벌에관한법률위반(상습공갈)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of violating the Punishment of Violences, etc. Act (Habitual Bribery) among the facts charged in the instant case on the grounds as stated in its reasoning, and there was no error of misapprehending the legal principles on intimidation of the crime of intimidation, habitualness, and confession beyond the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, or by misapprehending the legal principles on intimidation of the crime of intimidation,
The judgment of the court below omitted the judgment on the grounds for sentencing.
The argument that there is an error of law in recognizing facts about sentencing without evidence is ultimately an allegation of unfair sentencing.
However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.