공갈
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. On the other hand, the prosecutor appealed to the court below's decision that the defendant's punishment (six months of imprisonment) is too unreasonable, while the prosecutor appealed to the court below's decision that it is too uneasible and unreasonable.
2. As stated in the reasoning of the judgment of the court below, the Defendant’s act of committing a crime is very poor, such as requesting I to post an advertisement on the basis of the position that he is a reporter of the newspaper by abusing the social monitoring function of the media, and receiving advertising fees from the victim by paying advertising fees, etc.
However, the defendant agreed with the victim in the trial, there is no record of punishment for the same kind of crime, and the present state of health is not good due to the pulmonary cancer operation in 2015.
In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, and circumstances after the crime, the lower court’s punishment is deemed to be excessively unreasonable.
Therefore, the defendant's assertion of unfair sentencing is accepted.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown 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 Articles of the Acts and applicable provisions of the Criminal Act concerning criminal facts and Article 350 (1) of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant);
1. According to the medical certificate submitted by Samsung Seoul Hospital under Article 62-2 of the Criminal Act on probation and community service order, the Defendant is recognized to have undergone an operation on July 24, 2015 with respect to the malicious life of an engine or waste commercial leaves at Samsung Seoul Hospital, but the Defendant is recognized.