특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date of the final judgment.
1. The sentence of the court below (one year of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is not punishable by the crime of this case where the defendant, upon receiving a summary order of a fine due to the victim's accusation, intimidation the victim through the voice message, etc. on 49 occasions, and the victim again filed a complaint by intimidation, thereby causing bodily injury to the victim.
However, in full view of the fact that the defendant recognized all the crimes of this case, divided his mistake in depth, and decided not to have access to the victim in any way in the future, the defendant deposited money for the victim at the time of the trial, there is no past record of criminal punishment before being issued with a summary order related to the victim, and all of the sentencing conditions under Article 51 of the Criminal Act, the sentence of the court below against the defendant is heavy.
3. If so, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The main judgment of the court below is as follows.
Application of Statutes
1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 257 (1) of the Criminal Act, Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 283 (1) of the Criminal Act concerning the crime;
1. Of concurrent crimes, an aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act from among concurrent crimes (aggravated Punishment, etc. of Specific Crimes, etc. of which the offense is the largest;
1. Article 62(1) of the Criminal Act on the suspended execution (The favorable circumstances in determining the allegation of unfair sentencing)
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. The scope of punishment by law: