공갈
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.
2. The judgment amounting to KRW 25 million, and the defendant paid money by threatening the victims to the administrative agency and the orderee of the above company by threatening the victims to leave the company's corruption, etc., which he works for the above company, and the nature of the crime is very poor. Upon the victim's complaint, the defendant, when the investigation of the victim was initiated, sent a photograph to the victim, etc. before the scco building as if he did not withdraw his complaint, and then sent a text message to the victim's side, etc., is disadvantageous.
However, considering the favorable circumstances, such as the fact that the defendant's mistake seems to have been recognized and reflected, that there is no record of punishment for the same crime, that the defendant agreed with the victims, that the defendant paid the victim the amount of KRW 30 million in the original trial and the amount of KRW 175 million in the first instance trial to recover the damage, and that the damage was restored, the defendant's age, character and behavior, environment, circumstances and result of the crime of this case, and all sentencing conditions of this case, such as the circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate, and thus the defendant's argument is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with 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 gist of the evidence admitted by the court is as follows: (a) except when the “1. Defendant’s legal statement” in the summary of the evidence is changed to “the Defendant’s legal statement in the original trial on 1.1.)” and thus, it is identical to each corresponding column of the original judgment. Therefore,
Application of Statutes
1. Article 350(1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;