The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

A. The crime of coercion and intimidation is essentially a crime of assault or intimidation in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes). In a case where the crime of coercion is established as a supplementary relationship or absorption, it is sufficient to punish only the crime of coercion even if compared with the statutory penalty.

Nevertheless, even though the crime of coercion and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers, etc.) were prosecuted as an ordinary concurrent relation, the court below judged both crimes as substantive concurrent relation without any modification of indictment. Therefore, the court below erred by misapprehending

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution, 40 hours of lecture attendance order, and 80 hours of community service order) is too unreasonable.

2. Determination

A. The court below found the victim B and C not guilty among the facts charged in the instant case, and convicted the remainder of the facts charged.

In this regard, only the defendant appealed against the guilty portion, and since the prosecutor did not appeal against the acquittal portion, the acquittal portion which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

B. As to the Defendant’s assertion of misapprehension of the legal doctrine, the first-related statutory concurrence refers to the case where one act substantially satisfies several elements of a crime. The legal concurrence refers to the case where one act appears to constitute several elements of a crime, or where only one act actually constitutes one crime, and whether it is actually one crime or several crimes is assessed as constituent elements.