A defendant shall be punished by imprisonment for two years.

2. The determination of organized violence crime requires strict punishment for the reason that it is necessary to eradicate the crime in terms of giving a large amount of damage, directly or indirectly, to many citizens, and creating social anxiety, and that the defendant committed the crime of this case without being aware of it during the period of repeated crime due to the same crime, and that the defendant was living for a considerable period after the crime of this case.

However, in full view of the favorable circumstances, such as the fact that the defendant voluntarily surrendered to the investigation agency, the intention of settling the life of the organization of violence in the future while seriously reflecting his mistake, the defendant's living together with the defendant's living together who promised to marry is leading the defendant, and that the victim does not want the punishment against the defendant, and that it is not easy for the victim to refuse the direction of the crime by the chief officer, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the degree of participation in the crime, etc., the court below's punishment is unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7 of the Act on the Punishment of Acts of Violence, etc., the Criminal Act, Article 7 of the same Act concerning the crime;