The judgment of the court below is reversed.

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

However, for three years from the date this judgment becomes final and conclusive.

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

2. In light of the favorable circumstances such as the Defendant’s payment of the total amount of KRW 85.7 million to the victim when the Defendant was in the trial, and the victim did not want the punishment of the Defendant by agreement, the Defendant does not have the previous charge except for the crime of extortion in 2002, and the equity with the case where the judgment was rendered at the same time with the previous record of the judgment of the court below, and other favorable circumstances, such as the Defendant’s age, character and behavior, character and environment, the motive, background, method, and consequence of the instant crime, and the circumstances before and after the instant crime, the sentence of the court below which sentenced to punishment is unfair,

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of 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 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for the sentencing prescribed in Article 62(2) of the Act on the Suspension of Execution [Scope of Recommendation] In the case where the mitigation area (one to one year), the mitigation area (one to one year), the mitigation area (special mitigation), the mitigation area (one to one year), or the recovery of considerable damage (the decision of sentence] the punishment is determined as per the disposition according to the reasons for the sentencing prescribed in Article 62(