A defendant shall be punished by imprisonment for four months.

2. Determination

A. The Defendant’s failure to agree with the victim on the following grounds: (a) by taking money and valuables from the Defendant’s possession of confidential documents of the company, the nature of the crime is not very good; (b) the amount of damage incurred by the instant crime is a considerable amount of KRW 15 million; and (c) the fact that the Defendant did not agree with the victim is unfavorable to the Defendant.

B. However, in light of the following: (a) the Defendant led to the confession of and against the Defendant; (b) deposited KRW 8 million for the victim in the first instance trial; and (c) the Defendant’s age, environment, sexual conduct, motive and circumstance of the instant crime; and (d) the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable, as it is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the 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 Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 350(1) of the Criminal Act (the point of conflict), Articles 352 and 350(1) of the Criminal Act, and the choice of imprisonment for the crime;

1. Judgment on the grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act, which aggravated concurrent crimes;

2. See the part of judgment