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The judgment below
The guilty part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The court below's scope of the judgment of this court against the defendant was guilty of violation of the Punishment of Violences, etc. Act (Habitual violence) and obstruction of business among the facts charged in this case, and guilty of obstruction of business, and only the defendant appealed against the defendant among the judgment below, and the prosecutor did not appeal against the acquittal portion. Thus, the above acquittal portion was separated and finalized after the lapse of the appeal period.
Therefore, the scope of this court's judgment is limited to the conviction of the defendant.
2. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
3. Prior to the judgment on the grounds of appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court below, the "violation of the Punishment of Violences, etc. Act (Habitual Bribery)" among the names of the crimes committed by the prosecutor was examined by the court, and the "Article 2 (1) 3 and 6 of the Punishment of Violences, etc. Act" in the applicable law, "Article 350 (1) of the Criminal Act" was amended to "Article 351, Article 350 (1) and Article 352 of the Criminal Act" and "Article 352 of the Criminal Act was amended to "Article 351, Article 350 (1) and Article 352 of the Criminal Act," and the judgment of the court below was changed to the subject of the judgment by this court, and thus the same cannot be maintained any more.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) the Criminal Procedure Act does not change the phrase “1. Violation of the Punishment of Violences, etc. Act (Habitual Bribery)” from among the facts charged against the defendant by the court below to the phrase “1........ habitually Gong Gong, and attempted habitually Gong Gong........”