The judgment below

Part 3 and 4 of the judgment shall be reversed.

The defendant shall be punished by imprisonment with prison labor for the third and fourth crimes.

1. The lower court rendered a judgment dismissing prosecution regarding intimidation among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged, and only the Defendant appealed as to the guilty portion.

Therefore, since the part of the judgment of the court below against which the prosecutor and the defendant did not appeal is finalized, it is limited to the guilty part of the judgment of the court below.

2. The summary of the grounds for appeal - The lower court’s punishment (the term of imprisonment with prison labor for the first, second and third crimes, and fourth crimes) is too heavy.

3. Determination

A. As to the sentencing of the first and second crimes, there is no special change in circumstances in the trial, and the lower court has determined the punishment by fully taking account of all the circumstances that the Defendant already asserted as the grounds for appeal, including the circumstances alleged as the grounds for appeal.

In particular, even though the defendant had been punished several times as crimes of the same kind and continued to be tried due to the destruction and damage of special objects to victims, such as the records of the crime in the original judgment, the sentencing grounds cited by the court below, including the fact that the defendant left to commit the crime in this case, and other various sentencing conditions stated in the records of this case, including the defendant's age, character and behavior, environment, and circumstances of crime, etc., it does not seem that this part of the original judgment's punishment is too unreasonable and it exceeded the reasonable scope of discretion on sentencing

Therefore, this part of the defendant's assertion is rejected.

B. As to the crime No. 3 and No. 4 in its holding, this part of the crime is that the defendant drives a drunk, and repeatedly found in the office operated by the victim and interfere with his/her business, and the quality of the crime is not less exceptionally.

The defendant was sentenced to criminal punishment several times, including the suspension of the execution of imprisonment due to the same crime, and the victim is limited to the same criminal records as the judgment of the court below.