Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

In light of the fact that the criminal defendant was punished by assault, etc., that the number of times is 11 times, that is not agreed with the victim, and the circumstances and attitudes of the crime of this case, the punishment of the court below is too unfeasible and unfair.

Judgment

In full view of all the circumstances, such as the fact that intimidation is a very dangerous act that may cause a traffic accident, the defendant has the history of having been sentenced to punishment and fines several times due to violent crimes, and the crime of this case during the period of suspension of execution, the defendant's character, conduct and environment, the background and result of the crime of this case, the circumstances after the crime, etc. and the conditions of sentencing as shown in the arguments, it is deemed that the sentence of the court below is somewhat unreasonable.

Therefore, the prosecutor's argument of unfair sentencing is justified.

In conclusion, the prosecutor's appeal is justified, and the judgment of the court below is reversed and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Prior to the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account the various sentencing conditions as seen earlier.