특수협박등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Summary of grounds for appeal;
A. Defendant 1) At the time of committing each crime in the judgment of the second instance, the Defendant was in a state of lacking the ability to discern things or make decisions.
2) Each sentence of the lower court (the first instance court, the second instance court, the second instance court, the second instance court, the first instance court’s imprisonment of one year and six months, and the second instance court’s fine of one million won) is too unreasonable.
B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment.
The defendant filed an appeal against the judgment of the court below (the prosecutor also filed an appeal against the judgment of the court of appeal No. 2) and the court of appeal jointly examined the appeal cases, and as seen below, insofar as the court of appeal selects imprisonment with prison labor for each crime of the judgment of the court of appeal, each crime of the judgment of the court of appeal is in the concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment is to be imposed pursuant to Article 38 (1) 2
In addition, the prosecutor applied the law to change the name of the defendant to "special intimidation" from "violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" and "Article 3 (1), 2 (1) 1, and Article 283 (1) of the Punishment of Violences, etc. Act" in "Article 284 and Article 283 (1) of the Criminal Act." The prosecutor applied the law to change the name of the defendant to "Article 283 (1) of the Criminal Act," and this court permitted the change to be tried.
Therefore, the judgment of the court below cannot be maintained.
3. The lower court’s conclusion is reversed pursuant to Article 364(2) of the Criminal Procedure Act on the grounds of ex officio reversal, and the following is again decided after pleading.
- The judgment used again against the judgment of the court below - Criminal facts [criminal records] Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for injury, etc. at the Gwangju District Court on March 29, 2007, and the grace period is in Gwangju District Court Netcheon on February 3, 2009.