특정범죄가중처벌등에관한법률위반(보복협박등)
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too heavy or too unfilled (defendants).
2. The crime of this case was committed by the victim in the restaurant operated by the victim in the past by the victim, who was damaged by the victim of the crime of this case, threatened the victim with the purpose of retaliation against the defendant in filing a complaint or reporting defect to the police.
Such a retaliation crime not only infringes on the victim's personal legal interests, but also may result in hindering the discovery of substantial truth and the exercise of the state's penal authority.
In addition, even though the defendant was returned to the police officer after receiving the report of the victimized person, he is found to be the restaurant of the victimized person and the victim is a bad crime by threatening the injured person.
B. In the past, the Defendant again committed the instant crime even though he/she had been sentenced to the suspension of the execution of imprisonment four times due to various violent crimes, such as a violation of the Punishment of Violences, etc. Act, a crime of bodily injury, a crime of interference with duties, a crime of interference with official duties, and a crime of narcotics, and thus, again committed the instant crime, it is necessary to sentence the Defendant to imprisonment.
On the other hand, the defendant recognizes his criminal act, and the victim does not want the punishment of the defendant by agreement with the defendant.
As above, the sentence imposed by the court below, which is disadvantageous or favorable to the defendant, is within the scope of the recommended sentence according to the sentencing guidelines, and there is no change of circumstances to be different from the punishment in this court, considering the following factors comprehensively, such as the age, sex, environment, family relationship, motive, means and consequence of the crime, etc. of the defendant, the sentence of the court below is too heavy or it cannot be deemed unfair because it is too heavy in view of the circumstances after the crime.
3. In conclusion, the appeal by the defendant and the prosecutor is justified.