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The judgment below
The guilty part shall be reversed.
Defendant shall be punished by imprisonment for three years and by a fine for 400,000 won.
Reasons
1. The lower court dismissed the prosecution against the Defendant regarding intimidation among the facts charged in the instant case and convicted the Defendant of the remainder of the facts charged.
In regard to this, since only the defendant appealed the above guilty part and the dismissal part of the public prosecution which the defendant and the prosecutor did not appeal is separated and confirmed as it is, the scope of this court's trial is limited to the remaining guilty part except the dismissal part of the judgment
2. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (a three years of imprisonment and a fine of 400,000 won) is too unreasonable.
3. We examine ex officio the reasons for appeal by the defendant before determining ex officio.
Article 310 of the Criminal Procedure Act provides that "When the confession of a defendant is the only evidence against him/her, it shall not be admitted as evidence of guilt," and declares the rules of reinforcement of confession that it is necessary to provide evidence in addition to the confession of the defendant in order to find the defendant guilty. Since the court below omitted the explanation of the evidence of each of the crimes in Articles 1 through 5 of the judgment below among the facts charged in this case and provided only the confession of the defendant as evidence, the confession of the defendant alone without any supporting evidence, thereby making it erroneous in the misapprehension of legal principles as to the rules of reinforcement of confession.
Therefore, this part and the remaining convictions in the judgment of the court below cannot be maintained as they are in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act.
4. As such, the guilty part of the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the guilty part of the judgment below is reversed, and it is again decided as follows after pleading.
[Re-]