공갈등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is deemed to be too heavy or unreasonable that the imprisonment for ten months sentenced by the court below is too heavy.
2. The crime of this case is found to be committed by threatening the defendant to disclose to the media a petition stating the irregularities about the victim's referral of the victim who is the cause of the local election at the time of local election, thereby harming the victim, and repeatedly demanding the payment of additional money and valuables for about four months after the three months passed thereafter, but all attempted crimes are very poor in the nature of the crime in light of the motive and method of the crime, the period and frequency of the crime, the degree of damage, etc., and the case is not less easily considering the crime. The defendant has been subject to criminal punishment twice including two times of punishment, suspension of execution, and two times of punishment due to the crime of fraud, violation of the Attorney-at-Law Act, violation of the Illegal Check Control Act, etc., and in particular, the defendant committed each of the crimes of this case during the period of repeated crime, and in light of this, the defendant needs to strictly punish because there is considerable lack of compliance consciousness.
On the other hand, it is also acknowledged that the defendant has been detained for about four months before he was released as bail even though he suffered from the satise infection, the right satitis, the left satitis, the right satisitis, etc. after his confession of all of the crimes of this case at the trial of the court of original instance, and that he was detained for about four months before he was released as bail. The fact that the defendant seems to have been in depth for his mistake, the amount equivalent to the amount taken out for the recovery of damage was deposited in the trial of the court of original instance, and the victim expressed his intention not to punish the defendant at the trial of the court of original instance, the recent fact that the victim expressed his intention not to punish the defendant at the right satisfy, and that the health of the defendant is not very good.
The Defendant’s age, environment, occupation, family relationship, and circumstances leading to each of the instant crimes and crimes.