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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Seized evidence No. 1 shall be confiscated.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment, confiscation) is too unreasonable.
2. Ex officio determination, the prosecutor filed an application for changes in the indictment with the name of the crime against the defendant in the indictment of this case from "violation of the Punishment of Violences, etc. Act" to "special intimidation", and the applicable provisions of this case to "Articles 3 (1), 2 (1) 1 and 283 (1) of the Punishment of Violences, etc. Act" to "Articles 284 and 283 (1) of the Criminal Act" to "Article 283 (1) of the Criminal Act". Since the court permitted this and permitted it, the judgment of the court below can no longer be maintained.
3. If so, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 284 and 283 (1) of the Criminal Act applicable to the crimes;
1. Article 35 of the Criminal Act among repeated crimes;
4. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is very poor in light of the background and content of the instant crime, the victim appears to have suffered considerable mental pain due to the instant crime, the victim has been under criminal punishment near 20 times as well as criminal acts of the same kind of violence, and in particular, on December 19, 2013, the Incheon District Court was sentenced on December 19, 201 to the punishment of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, Etc., by force (a deadly weapons, etc.), and committed the instant crime during the period of repeated offense after the completion of the execution of the sentence, and at a detention