The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment) by the court below (e., imprisonment with prison labor for up to eight months) is too unreasonable.

2. In light of the background and method of the instant crime, the content of the intimidation, and the pain, etc. inflicted by the victim, the crime is not good.

The defendant has been punished as a crime of special intimidation of the same kind.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime, and has committed a mistake in depth while living in custody for a period of three months.

The victim did not have any property damage due to the attempted crime.

In the first instance, the defendant paid 3 million won to the victim, and 7 million won was agreed to pay 1 million won per month to the victim, and the victim did not want to be punished.

The health status of the defendant is not good, and family members appeal their wife.

Such circumstances are favorable to the defendant.

In addition, considering all other factors such as the Defendant’s age, career, character and conduct, environment, family relationship, motive, means and result of the crime, various sentencing conditions as shown in the records and pleadings, and the sentencing guidelines are not applied to attempted crimes, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by this court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 352 of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. On the grounds of Article 62(1) of the Criminal Act (formerly considering the favorable circumstances to the defendant) above;