Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Reasons
1. The lower court dismissed the prosecution concerning intimidation among the facts charged in the instant case and convicted the remainder of the facts charged.
Since only the defendant filed an appeal against the guilty portion, the dismissal of public prosecution without the defendant became final and conclusive and the scope of the judgment of this court is limited to the judgment of the court below.
2. The decision of the court below on the gist of the grounds for appeal (the imprisonment for a maximum of two years and six months, the short of one year and six months) is too unreasonable.
3. The judgment of the Defendant: (a) by deceiving a victim who seeks a forged identification card by deceiving the victim; (b) demanding a victim’s photo by creating an identification card; and (c) by threatening him/her as if he/she were disseminated through the Internet; and (d) by threatening him/her as if he/she were disseminated through the Internet; (b) the nature of the crime is not good in light of the details, object, and method of the crime; and (c) the victim who was not older than the age of 13 is deemed to have suffered considerable physical and mental shock and pain
On the other hand, the fact that the defendant has yet to be aged and has no record of criminal punishment, that the victim does not want to be punished more by the defendant by mutual consent between the victim and the victim in the original trial, that the defendant is in profoundly against the fact that all of the crimes of this case are recognized, and that the parent of the defendant appeal the defendant's preference to this court, and that the defendant will admonish the defendant in the future.
In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive or circumstance of the instant crime, and circumstances after the crime, the sentence imposed by the lower court is deemed to be too unreasonable.
The defendant's above assertion is with merit.
4. The Defendant’s appeal is reasonable, and thus, pursuant to Article 364(6) of the Criminal Procedure Act.