A defendant shall be punished by imprisonment for six months.

2. The Defendant had been punished several times for the crime of unrefinite type fraud in which he/she did not pay the drinking value and the costs of female friendship services, and was sentenced two times to imprisonment with prison labor for the crime of extortion under the applicable law, which demands drinking value and the costs of female helper services, etc. like the instant crime, and was committed again during the period of repeated crime. The Defendant committed the instant crime again during the period of repeated crime.

However, in light of favorable circumstances, such as the fact that the Defendant appeared to reflect on the recognition of the instant crime, the fact that the Defendant agreed with the victim, the fact that the damage from the instant crime was relatively small, and other factors of sentencing as indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted 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 (a point of conflict) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;