Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, Nos. 1 to 8) of the lower court is too unreasonable.
2. Each of the crimes of this case is an unfavorable circumstance where the Defendant, while in inhuman relationship with the victim, repeatedly transmits letters causing fears and apprehensions to the victim from the defect and repeatedly from the defect to the point of time, threatening the victim as if he were to spread to another person the act of inhumanity, photographs and videos taken by the body of the victim, and attempted to receive money from the victim who was fright to intimidation of the Defendant, and the crime is bad, and the Defendant did not receive money from the victim.
However, the court below's punishment against the defendant is unfair in light of the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, circumstances after the crime, etc., which are favorable circumstances such as the fact that the defendant has no other criminal records other than the punishment of a fine for a single-time crime, the defendant's attempted crimes, the defendant's work at school for a long time, and his family members and supporters who want to take a preference against the defendant at school for a long time, and it seems that social relation is relatively publicly announced.
The defendant's assertion of unfair sentencing is accepted.
3. Since the appeal by the defendant is well-grounded, the part against the defendant among the judgment below is reversed and the decision is rendered again after pleading as follows in accordance with Article 364 (6) of the Criminal Procedure Act.
【The reasons for the judgment in multiple cases】 The facts constituting the crime and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;