특수협박등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of 600,000 won.
except that this judgment.
1. The lower court’s punishment (one year of imprisonment, a fine of 600,000 won) is too unreasonable, which is the gist of the grounds for appeal.
2. The accused has been punished several times, including the suspended sentence of imprisonment with labor for violent crimes.
Nevertheless, the Defendant again committed the crime of special intimidation or damage to property in the judgment of the court below, and thus, after he was arrested as an offender and arrived at the G District, the crime is very serious in light of the circumstances leading up to the crime of each of the above crimes, the form of the act, and the risk of the means of special intimidation, such as taking care of police officers who were on duty while serving in the G District after having arrived at the G District.
In addition, the defendant, like the record of the crime in the decision of the court below, has had the record of being punished twice by a fine due to drinking driving, but again repeated the same crime.
Furthermore, even if the defendant was already prosecuted at the lower court's 2020 Godan 61 case at the time, there is a greater possibility of criticism in that he committed such crime without being aware of it.
In the course of driving alcohol, the accident that sees another person's vehicle that was in the front signal atmosphere has occurred.
However, the criminal records of the suspension of the execution of imprisonment due to the violent crimes of the defendant are ten years before the year 2009, and there is no record of punishment exceeding the fine for traffic crimes.
The defendant is aware of all facts of crime, and the defendant shows his attitude to repent.
The victim of the crime of destruction of property in the judgment of the court below agreed with the victim in the first instance trial, and the victim in the special intimidation in the judgment of the court below did not want the punishment against the defendant.
In the case of the defendant's blood alcohol concentration at the time of the crime of violation of the Road Traffic Act (driving) in the judgment of the court below, the degree of alcohol concentration is not high.
The defendant shall support his/her aged child.
In addition, the defendant's age, career, sex, environment, family relationship, motive, background, means and result of the crime, and after the crime.