폭력행위등처벌에관한법률위반(공동공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. In full view of all the sentencing conditions shown in the records and arguments of the instant case and the fact that the Defendant’s mistake is divided, the lower court’s punishment is unreasonable, and the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts charged and the summary of the evidence, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and (1)3 of the Act on the Punishment, etc. of Violences, etc. for Criminal Crimes, Article 350(1) of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 366 of the Criminal Act, Article 347(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act,
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;