The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the accused.

3.2

1. The sentence imposed by the lower court (one year and four months of imprisonment, and additional collection) on the summary of the grounds for appeal is too unreasonable.

2. The crime of intimidation and destruction of property in this case is committed with the indication of a complaint against a lessor who requested the withdrawal on the ground of unpaid rent, and the crime is very bad, and the defendant has a record of criminal punishment several times as a violent crime, and was prosecuted as a violent crime during the suspended execution period after being sentenced to a suspended sentence for a violent crime, but has been sentenced to a fine in advance, and is also committed the crime in this case disadvantageous to the defendant.

However, in full view of the fact that the defendant recognized the crime of this case, the punishment for narcotics crimes, the first being punished for the crime of this case, the cooperation with the investigation of the upper line, the victim of special intimidation was agreed at the court below, and the fact that there was an agreement with the victim of intimidation and damage to property at the time of the trial, and other various circumstances shown in the records and arguments of this case, including the defendant's age, sexual conduct, environment, motive or circumstance of the crime, and circumstances after the crime, etc., the punishment of the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

(a) Intimidation: Article 283(1) of the Criminal Act;

(b) Damage to property: Article 366 of the Criminal Act;

(c) Handphone medication: Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Narcotics Control Act;

(d) Damage to special property: Articles 369 (1) and 366 of the Criminal Act;

E. Special intimidation: Articles 284 and 283 of the Criminal Act.