A defendant shall be punished by imprisonment for six years.

A. Defendant: The punishment of the lower court (four years of imprisonment) is too heavy.

B. Prosecutor: The sentence of the lower court is too minor.

2. The defendant's mistake is against his/her own fault, and the extent of assault or intimidation is serious in the event of other crimes except for serious bodily harm;

It is difficult to see it.

However, the defendant has continued to use violence and intimidation for the socially weak such as the elderly or the disabled who are vulnerable to the crime without any justifiable reason, and there is a high possibility of criticism in the applicable law of the crime.

Due to these acts of the defendant, the local community has promulgated, and the damage suffered by the defendant C due to the assault by the defendant is likely to have been caused by the paralysis and it is difficult to recover.

In particular, even though there have been a number of violence records, the defendant committed the crime of this case during the period of repeated crime of the same kind.

In full view of these circumstances, it is necessary to strictly punish the defendant's crime and keep the safety of the community including the socially disadvantaged groups from society for a long time.

Therefore, since the sentence imposed by the court below is too uneasible and unfair, the defendant's argument of sentencing is without merit, and the prosecutor's improper argument of sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal against the defendant is with merit, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence is identical to the relevant column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 258(2) and (1) of the Criminal Act applicable to the facts constituting the crime (the point of coercion, the choice of imprisonment), Article 324(1) (the point of coercion, the choice of imprisonment), Article 260(1) (the choice of imprisonment, the choice of imprisonment), and Article 283(1) (the point of intimidation and the choice of imprisonment) of the Criminal Act applicable to the crimes;

1. The Criminal Act for aggravated repeated crimes.