폭력행위등처벌에관한법률위반(공동공갈)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
With respect to the decision of the first instance court, the case shall be.
1. Summary of grounds for appeal;
(a)the sentence sentenced by the first instance trial on the accused (two years of imprisonment, etc.) is too unreasonable;
B. Each sentence (the first instance judgment: imprisonment with prison labor for 2 years, the second instance judgment: imprisonment with prison labor for 4 months) imposed on the Defendant by the lower court is too unreasonable.
2. As the judgment of the court below against the defendant, the defendant and the prosecutor filed each appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the defendant filed each appeal against the judgment of the court of second instance, and the court of second instance decided to jointly examine
However, since each crime of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the error of sentencing by the defendant and the prosecutor.
Inasmuch as the facts constituting an offense and the summary of evidence recognized by this court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the crime and the choice of punishment [the points of attack (Provided, That Article 30 of the Criminal Act shall be added in the case of Article 378 of the Highestest 378 of the Criminal Act), Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act (the point of joint conflict, the choice of imprisonment), Article 347 (1) of the Criminal Act (the point of fraud, the choice of imprisonment), Article 225 (the point of public document), Articles 229 and 225 (the point of use of forged public document) of the Criminal Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;