협박
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, two years of social service, 200 hours of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The judgment of the defendant continues to threaten and bullying the victim who is the former offender to whom the victim was divorced, and the victim's continuous text messages is sent to the victim even after ad hoc measures prohibiting access to and contact with the victim are taken, and even before the instant case, the defendant had been sentenced to a fine by assaulting the victim's living together with the victim, and the victim's desire to punish the defendant is disadvantageous.
However, the fact that the defendant is led to confession, reflects, and is not threatened with the victim again, and that the defendant does not have to be sentenced to imprisonment is favorable.
In addition to the above various circumstances, the defendant's health is not good, and probation during the period of probation seems to be helpful to prevent recurrence of the crime, and considering various sentencing conditions such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below cannot be deemed to be too weak or unreasonable.
3. As such, the appeal by the defendant and the prosecutor is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act.