A. The Defendant was not guilty of having committed a crime of violation of the Punishment of Violences, etc. Act (joint attack) and did not have committed a crime of bucking or intimidation against the victim, and did not have any desire to receive the amount of damage from the victim who inflicted a fraudulent damage. However, the Defendant did not have any intent to obtain the property from the victim and there was no intention to obtain the property from the victim, inasmuch as the Defendant attempted to prevent the departure of the victim by finding the victim for the purpose of securing the victim’s personal illness who committed the crime of fraud.

Nevertheless, the court below found the defendant guilty of the violation of the Punishment of Violences, etc. Act (joint conflict) and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. A defendant who misleads the defendant about a crime of violation of the Punishment of Violences, etc. Act shall not commit the crime by leaving the house of the victim after going through the guidance of the victim.

Nevertheless, the court below found the defendant guilty of a violation of the Punishment of Violences, etc. Act (joint confinement), and there is an error of misunderstanding the facts and affecting the conclusion of the judgment.

(c)

The defendant's act of a political party is a legitimate exercise of a legitimate right against the victim within the extent permitted under the social norms, so it constitutes a justifiable act.

Nevertheless, the court below found the defendant guilty of all of the crimes of violation of the Punishment of Violences, etc. Act (joint attack) and violation of the Punishment of Violences, etc. Act (joint confinement). In so doing, the court below erred by misapprehending the legal principles on legitimate acts, thereby affecting the conclusion of the judgment.

(d)

The sentencing (eight months of imprisonment, two years of suspended execution) of the judgment of the court below which was unfair in sentencing is too unreasonable.

2. Determination:

(a) Even if there is a legitimate right to misunderstanding of facts about a crime of violation of the Punishment of Violences, etc. Act (joint conflict), the other party is allowed to capture him/her as a means of intimidation by taking advantage of his/her exercise of right.