공갈
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.
2. The instant crime was committed by the Defendant, as the chairperson of a construction trade union, which has existed for the socially valuable and important value of protecting the human rights of construction workers, and in a position to consider and endeavor to establish a sound relationship with the construction company, rather than by threatening the construction company to report the violation of the law, such as illegal stay in Korea and employment of foreigners, and the nature of the crime is considerably difficult in light of the content of the crime and the applicable law.
Moreover, the amount taken out leads to KRW 79,50,000,000.
Even if the Defendant committed the instant crime for the purpose of creating employment for its members as alleged by the Defendant, the Defendant’s responsibility or illegality does not seem to have been dilution, and there is no room to regard it as being conducted within the scope of social norms as a means of exercising rights.
The fact that the defendant's criminal act in this case was revealed due to the conflict inside the organization is not an element to be considered in sentencing.
Although monetary damage has been paid to a certain damaged construction company in the trial, the crime of this case is inevitable in light of the following: (a) although C Trade Union and its chairperson and its chairperson have been using it as a means of exerting power to secure money against the construction company rather than as a justifiable method for the purpose of bound the status and influence of the C Trade Union and its chairperson; and (b) such a shock behavior is highly likely to have an adverse impact on the society by causing social inequality to other construction trade unions as a whole.
However, the Defendant recognized all of the crimes of this case and recognized the mistake.
The amount of each damage to three victim construction companies for the first time shall be the amount of damage.