특정범죄가중처벌등에관한법률위반(보복협박등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the defendant, the defendant, and the court below's sentence on the defendant (one year of imprisonment) is too unreasonable.
2. A board: (a) the Defendant had been punished several times for the same kind of crime, such as violence, interference with business, damage to public goods, etc. even before the instant case; (b) the result of the instant crime, such as the victim E’s retirement from office and divorce, is significant; (c) even during the instant case’s trial proceeding, there was a threat to the victim E during the process of concluding an agreement with the victim E; and (d) the fact that the Defendant did not have been used from the victims up to now is an unfavorable sentencing factor against the Defendant.
On the other hand, the fact that ① the Defendant has led to his confession of his crime from the stage of investigation and has been detained for a considerable period of time, and ② his mother and her mother appear to have reached the crime of this case in the course of trying to resolve the crime as they were connected to the criminal case, etc. are the sentencing factors favorable to the Defendant.
This is the defendant's age, character and conduct, environment, motive, background, means and result of the crime, circumstances after the crime, scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee.
(a) First offense (crime against F) (Scope of recommending punishment): A victim who is vulnerable to a crime, and is subject to aggravated punishment (one year to two years and six months): A victim who is vulnerable to a crime of intimidation in Type 5;
(b) Second crime (Scope of recommending punishment): No basic area (10 months to 2 years) (10 months to 3 years): No person under special circumstances: No person under special circumstances;
(c) Class 3 crime (Crime against Victim J): No basic area (10-2 years from October to 2): No one;
D. Application of the standards for handling multiple crimes [basic crimes] Crimes against Victim F [the scope of final recommendation] Imprisonment with prison labor from 1 year to 4 years = 2 years and 6 months = 2 years x 1/2.