특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to one year imprisonment by this court on February 19, 2019 for a violation of the Special Act on Insurance Fraud Prevention, etc., and the above judgment becomes final and conclusive on September 6, 2019 through an appellate court and a final appeal court. The crime of this case is in the concurrent relationship between the crime for which the judgment became final and conclusive in accordance with Article 37 of the Criminal Act and the latter part of Article 37 of the Criminal Act, and is determined by the punishment after examining whether to reduce or exempt the punishment, taking into account the equity between the case where the judgment becomes final and conclusive in accordance with Article 39(1) of the Criminal Act, and thus,
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen above, and the judgment below is again decided as follows.
[C] The summary of the facts constituting an offense and evidence recognized by this court is as follows. The summary of the facts constituting an offense and evidence is as follows: (a) the first and second offenses of the judgment of the court below [criminal records] are as follows: “Defendant A was sentenced to one year of imprisonment by the Busan District Court on February 19, 2019 for the violation of the Special Act on Insurance Fraud Prevention, etc.; and (b) the above judgment became final and conclusive on September 6, 2019; and (c) except for adding 1. A and B’s summary of the summary of the evidence agreement and three copies of the judgment to A and B’s summary of the case agreement and the summary of the evidence, it is identical to each corresponding column of the court below.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 284 and 283(1) of the Criminal Act that choose a punishment, Article 2(2)3 of the Punishment of Violences, etc. Act, Article 2(1) of the Criminal Act, Article 257(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;