폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.
2. The fact that the defendant sent letters that may cause fears or apprehensions to the victim over 158 occasions, and that the defendant was sentenced to a fine for the crime of assault against the victim and committed the crime of destruction at a retaliation level is a sentencing material disadvantageous to the defendant.
However, in full view of all the sentencing factors indicated in the pleadings of this case including the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, method and consequence of the crime, etc., the sentence of the court below is appropriate, and it is not recognized that it is too unreasonable, and therefore, the grounds for appeal by the prosecutor are without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.