The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.

2. Each of the instant crimes committed by the Defendant was committed with organized violence and breach of trust, the Defendant took money from the victim H, and obstructed the victims’ singing operations. It is not good that the crime is committed.

However, the defendant did not have any history of punishment for the same crime, and the investigative agency and the court below agreed with the victims smoothly, and the victims want to take the action in the trial.

Considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable.

3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of attack: Article 350(1) of the Criminal Act (generally, the choice of imprisonment);

(b) point of interference with business: Articles 314 (1), 313, and 30 of the Criminal Act; and

(c) Point of free or fee-charging job placement services: Subparagraph 1 of Article 47 and Article 19 (1) of the Employment Security Act (generally and collectively, choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment determined for the heavier concurrent crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;