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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for four years.
Reasons
1. The court below’s scope of trial was convicted of the accused case, and dismissed the prosecutor’s request for attachment order with respect to the case of request for attachment order, and only the accused appealed.
In such cases, the defendant's request for attachment order has no interest in appeal, and despite the provision of appeal under Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order is not pending in the appellate trial and it is confirmed separately.
Therefore, the request for attachment order is not included in the scope of the trial of the party.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
3. Prior to the judgment on the grounds for appeal ex officio, the prosecutor examined the case in question, and the prosecutor tried to examine the facts of intimidation carried with a deadly weapon in each of the facts charged of this case, which are "violation of the Punishment of Violences, etc. Act" as "special intimidation", and "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" as "Articles 284 and 283 (1) of the Criminal Act" and "Article 283 (1) of the Criminal Act are amended to "Article 284 and Article 283 (1) of the Criminal Act." Since this court permitted this, the judgment below was no longer maintained in this respect.
4. If so, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds that the part of the judgment of the court below on the defendant's case constitutes an ex officio reversal
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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