협박등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Of the facts charged in the instant case, the Defendant got his wife to a private teaching institute operated by the victim to take a place where he was forced to commit indecent acts by force from her husband. As such, the Defendant’s act does not constitute a crime of intrusion upon residence or constitutes at least justifiable act. 2) Of the facts charged in the instant case, intimidation does not constitute intimidation as indicated in this part of the facts charged.
3) Therefore, the judgment of the court below that convicted the Defendant is erroneous or erroneous as it misleads facts or misunderstanding legal principles. B. The sentence imposed by the court below on unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. In the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant argued the same as the grounds for appeal in this part, and the court below rejected the above assertion and sentenced the defendant guilty on the grounds as stated in the judgment of the court below in the judgment of the court below, and in light of the facts acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is acceptable.
B. The fact that the defendant denies his criminal act even until the trial on the assertion of unfair sentencing is disadvantageous to the sentencing.
However, it seems that the objective part of the defendant's crime of intrusion upon residence is all led to the confession of all the objective part of the defendant's crime, and the part of the crime of intimidation is not to actively deny his behavior. Considering the circumstances that the defendant's wife was forced by indecent act from the husband of the victim, there is a view to understand the defendant's behavior, the defendant's age, character, character, environment, occupation, and the crime of this case has no record of criminal punishment for the same crime.