The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the facts charged of the instant case, misunderstanding the fact that the Defendant did not threaten the victim’s glass before the driver’s seat of the car where the victim was seated due to a hemoman, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the records, the Defendant was sentenced to a suspended sentence of two years on September 5, 2014 by imprisonment with prison labor for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.) in the Changwon District Court’s branch branch on September 5, 2014, and the judgment became final and conclusive on September 13, 2014. As such, the Defendant’s crime of this case is in the concurrent relationship between the crime for which the judgment became final and the crime of this case, and the crime of this case, after Article 37 of the Criminal Act, shall be sentenced in consideration of equity with the case where the judgment is rendered simultaneously, and in this respect, the judgment of the court below

Nevertheless, the defendant's assertion of mistake of facts is still subject to the judgment of this court.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion of mistake of facts is without merit, as stated in the judgment below, since the defendant can sufficiently recognize the facts of intimidation by sounding the victim by making approximately two favorable parts before the driver's seat of the car sitting in the Orabur, as stated in the judgment of the court below.

(1) The victim at the investigative agency and the court of the court below, “The defendant's front glass part of the motor vehicle is strongly unloaded into a hemoth, and the victim is subject to the judgment of the court of the court below.”

Cr. Ir. Irr. Ir.