공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.
2. The crime of this case committed an act of violence, such as assaulting a victim or inflicting an injury by carrying a deadly weapon, etc., and committed a crime of this case by continuously receiving money from the victim despite the fact that the victim had already received money exceeding KRW 30 million,000,000,000,000,000.
However, the defendant has been under a long period of time to commit the crime of indecent fraud with the victim's solicitation of employment, and even if he has retired from the workplace when he was going, he borrowed money to his family in order to raise the cost of job solicitation demanded by the victim. There are circumstances that can be considered in the course of committing the crime of this case, considering that the victim's fraudulent act had suffered considerable economic and mental pain.
In addition, the defendant led to the crime of this case, and there is no other criminal history except for a punishment imposed once by driving without a license in 2000, and the victim expressed his intention not to be punished by paying 23 million won to the victim for the first time in the trial. A part of the proceeds of this case was deposited to L who is another employment fraud victim. The defendant is deemed to have an opportunity to reflect the defendant's life exceeding 3 months. The defendant is viewed to have an opportunity to reflect the defendant's life. The defendant is supported by his family members, and the family members and his family members seem to clearly have social ties, such as submitting a written application to the defendant that the defendant's preference is disturbed, and considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, etc., it is recognized that the punishment imposed by the court below is unfair by the defendant.
3. The defendant's appeal is with merit, and the judgment of the court below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure Act.