협박등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is that the Defendant did not suffer from the noise induced by the victim and did not reach the crime of this case, and the court below’s punishment (three million won of fine) is too unreasonable in light of the circumstances of the crime, etc.
2. Although the method of judgment is not good, the damage recovery is not performed, the criminal records are not disadvantageous to the defendant. However, in comparison with the crime of this case, if the contents of the criminal records of this case were to be compared to the crime of this case, it appears that the defendant was extremely sensitive to the noise of the defendant. The crime of this case also seems that there are circumstances that can be considered in terms of circumstances and circumstances where it is difficult to economically and economically, and considering all sentencing data on the records of this case, such as the defendant's age, character and behavior, environment, etc., the punishment of the court below is excessively unreasonable.
3. If so, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 283(1) of the Criminal Act, Article 366 of the Criminal Act, and Article 283(1) of the Criminal Act, the choice of fines for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;