The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, and eight hours of social service) is too unhued and unreasonable.

2. However, the circumstances favorable to the defendant are that the defendant led to confession and reflects of his criminal fact, and that the crime of this case was committed in the attempted crime.

However, the Defendant, with the intent of threatening the victim to take money by threatening his subordinate staff and the victim to commit the crime of this case. After finding out the phone number of the victim stored in the cell phone of his subordinate staff, the Defendant called the victim by the restriction on the phone number display, and called the victim to have his prison records, etc., and without giving seven million won or more, attempted to commit the crime of this case by giving his subordinate staff to the person living together with the victim, and then withdrawing money and valuables. In light of the motive and circumstance leading up to the above crime, the method of crime, etc., the Defendant committed the crime of this case. In particular, the Defendant committed the following crimes: (a) the Defendant had been sentenced to a suspended sentence of imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act at Incheon District Court on December 26, 200; and (b) the Defendant had been sentenced to criminal punishment for a more than one year before and after the Defendant committed the crime of this case; (c) the Defendant had been sentenced to imprisonment with prison labor at the Seoul District Court on July 13, 2013, 2013.

3. If so, the prosecutor's appeal is reasonable. Thus, Article 364 of the Criminal Procedure Act is applicable.