공갈
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below on the gist of the grounds for appeal (4 million won in penalty) is unfair because it is too unhued.
2. The Defendant is waiting to commit the instant crime in a net order.
In addition, the degree of benefits gained by the defendant due to the crime of this case is not significant.
B. The defendant is a person with a disability of grade 3 who is unable to use the current left side bridge, and is under economic difficulty as a recipient of basic living benefits.
In addition, the facts that the instant crime ought to be considered in relation to the crime of assault, etc. finalized on August 1, 2015 and the crime of concurrent crimes after Article 37 of the Criminal Act, together with the crime of assault, etc. that became final and conclusive on August 1, 2015, should be considered in favor of the Defendant in the course of determining
However, the crime of this case, although the defendant himself knows that the act of offering alcohol in a singing practice place or the act of arranging entertainment receptions in a singing practice place is legally prohibited, the crime of this case requires the victims who are employers to provide alcohol and arrange entertainment receptions despite being well aware of the fact, and then the victims who seem to have reported this fact to the police to neglect their claim for payment or receive cash delivery by threatening the victims, and thus, the illegality of the act is not weak.
In addition, the defendant seems to have not taken any measures to recover the victims' damage up to now.
B. Although the Defendant received several requests from the trial division to attend on the trial date for the pronouncement of judgment from the trial division, he/she fails to comply with such requests without any particular reason, and it cannot be doubtful as to whether the Defendant was able to repent of his/her mistake in the trial.
In addition, the defendant had approximately 30 criminal punishment prior to each of the crimes in this case (including three times of imprisonment and one time of suspended execution), and the age, sex, intelligence and environment of the defendant, relationship to victims, motive for the crime.