협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (the imprisonment for six months, the suspension of execution for two years, the probation, and the order to attend a alcohol therapy for forty hours) of the lower court is too unreasonable;
2. In the case of intimidation as indicated in the judgment, the crime of intimidation is an unfavorable circumstance, such as: (a) the victim’s injury to D and subsequently demanded a criminal agreement; and (b) the crime is not good because of intimidation on the ground that it was rejected; and (c) the criminal records of violent crimes are criminal records.
However, it is advantageous to the fact that the victims have not been punished for the defendant, the fact that the victims are against the crime, and there is no criminal record exceeding the fine.
In addition, since the crime of intimidation for which the sentencing criteria are set in the range of recommended sentencing criteria (at least two months of imprisonment) and the crime of intrusion upon residence for which the sentencing criteria are not set are concurrent crimes, only the lower limit of the recommended sentencing criteria for the crime of intimidation shall apply.
[Scope of Recommendation] In full view of the basic sphere (2 to 1 year), the basic sphere (2 to 1 year), the source of punishment (including serious efforts to recover damage), the motive and background of the crime, the circumstances after the crime, the defendant's age, character and conduct, environment, etc., and all of the sentencing conditions in the records and arguments, the sentence of the court below is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as the corresponding column of the judgment below. Thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 283(1) of the Criminal Act and Article 319(1) of the Criminal Act concerning criminal facts (the point of intimidation, the choice of imprisonment), the choice of punishment (the point of intrusion upon residence and the choice of imprisonment).