공갈등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.
2. In light of the judgment, there are very many criminal records that the Defendant committed a crime after drinking continuously, and in particular, the Defendant was sentenced to imprisonment with prison labor for not less than 8 months at the Seoul Eastern District Court on June 20, 2013 and a two-year period of suspended execution was sentenced to imprisonment with prison labor for the crime of extortion at the Seoul Eastern District Court on April 23, 2014, and was sentenced to imprisonment with prison labor for not more than 6 months
9.2. Although the judgment became final and conclusive on February 25, 2015, the said suspended sentence became void and the execution of each sentence was completed on February 25, 2015, the occurrence of the instant crime and the risk of re-offending is very high. In light of the substance of the instant crime, the relevant crime is highly likely to be committed.
However, in light of the factors favorable to the defendant, such as the fact that the total damages in this case were not much caused by 147,00 won and losses caused by business obstruction, the fact that the defendant divided his wrongs and repeated as a sound social person, the defendant paid 300,000 won to the victim E at the court below and agreed with the above victim, and the defendant paid 150,000 won to the victim D and paid 500,000 won to the victim F and agreed with them, etc., the sentence of the court below is somewhat inappropriate.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and following the pleading is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 350(1) of the Criminal Act applicable to the crime, Article 350(1) of the choice of punishment (a) of the Criminal Act, Articles 352 and 350(1) (a) of the Criminal Act, and Article 314(1) of the Criminal Act (a interfered with business) of the same Act, respectively.