특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentencing of the court below is too inappropriate.
2. The crime of this case committed several times against the victim C, who the defendant was aware of his reputation, and continuously threatened the victim C with the purpose of retaliation in relation to his criminal case, and at the same time threatened the victim D, who was said victim D, with the aim of retaliation in relation to his criminal case, and at the same time threatened the victim D, who was said victim D, with the resistance to his residence, and the crime is not good in light of the motive, circumstance, means, and result, etc., and the victims might have suffered considerable mental shock and suffering from the crime of this case, etc. are disadvantageous to the defendant.
However, the circumstances favorable to the defendant are the following: (a) the defendant was fully aware of the crime of this case and reflects his mistake; (b) the defendant has no record of crime other than a fine once; and (c) the defendant was in a trial and was smoothly agreed with C and C about the fact that the above victim did not want the punishment of the defendant.
In addition, when comprehensively considering all sentencing factors as shown in the argument of this case, such as the age, character, conduct and environment of the defendant, motive of the crime, and circumstances after the crime, and the scope of recommended sentencing in the sentencing guidelines, the sentence sentenced by the court below is deemed to be too unreasonable to maintain it as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【The part of the judgment rendered in multiple times】 Criminal facts recognized by the court in charge of criminal facts and summary of evidence and summary of evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are quoted as it is in accordance with Article 369
Application of Statutes
1. Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283(1) of the Criminal Act, Articles 175 and 164 of the Criminal Act concerning criminal facts.