폭력행위등처벌에관한법률위반(공동공갈)
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.
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant did not have any criminal conviction or heavier than imprisonment without prison labor, and that the victim and the defendant agreed smoothly with the court below, the sentence of the court below is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below, except where the "part of the defendant's court statement" is changed to the "court statement of the defendant" in the summary of the evidence of the court below. Thus, it is cited in accordance with Article 3
Application of Statutes
1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act and Article 350 (1) of the Criminal Act concerning criminal facts;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);