폭력행위등처벌에관한법률위반(상습협박)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. With respect to habitual assault alleged by the misapprehension of legal principles, the fact that the defendant used physical force against the victim's will is acknowledged as stated in the judgment of the court below, but it is nothing more than to show an excessive gathering of the victim than D in order to cause harm to the victim. In addition, as stated in the judgment of the court below, the defendant recognized the fact that the defendant made a statement to the victim as stated in the judgment of the court below with regard to habitual intimidation, but it is nothing more than to show that the defendant's mental condition was not normal. The fact that the defendant made several expressions, such as the written in the judgment of the court below, cannot be denied, but it was only a temporary phenomenon that the defendant was under excessive mental stress.
Therefore, it is not reasonable to recognize habituality.
B. Although the Defendant conspireds with the victim for more than one year, there was no intimidation, violence, or other similar excessive actions against the victim except at the time of the instant crime.
Defendant was divorced parent, unemployed female, or de facto marital relationship.
O and his children should be punished by a lot of money as a measure to bear their livelihood.
During that period, the defendant was suffering from business difficulties and was extremely mentally difficult to do so.
On the other hand, in order to raise the flady's flag, Trenlon, a kind of sened, and the Defendant's extreme speech is not irrelevant to the side effects of the above drugs.
The defendant recovered the relationship with the victim and got married to marriage.
In full view of these circumstances, the sentence imposed by the court below is too unreasonable.
2. Determination
A. Ex officio determination is based on the facts charged by the prosecutor at the trial.