The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. 항소 이유의 요지( 양형 부당) 피고인에 대한 원심의 형( 징역 8월) 은 너무 무거워서 부당 하다( 피고인과 변호인은 항소심 마지막 기일인 당 심 제 6회 공판 기일에서 사실 오인 주장을 철회하였다). 2. 직권 판단 항소 이유에 대한 판단을 하기에 앞서 직권으로 살피건대, 검사는 당 심에 이르러 공소사실의 범죄사실 ‘1. 폭력행위 등 처벌에 관한 법률위반( 공동 공갈)’ 중 제 29 행 “ 또한 ”에서부터 제 40 행 “ 윽박지르는 등 겁을 주었다.

“A request for changes to Bill of Indictment was filed with the withdrawal of the partial withdrawal, and since this Court permitted it, the part of the judgment of the court below against the defendant can no longer be maintained.

3. According to the conclusion, without examining the Defendant’s unfair argument of sentencing, the part of the judgment below against the Defendant ex officio pursuant to Article 364(2) of the Criminal Procedure Act shall be reversed, and the following judgment shall be rendered again after pleading.

[Judgment of the court below as to the part against the defendant in the judgment below] The summary of criminal facts and evidence of the defendant acknowledged by this court is deleted from No. 4th to No. 3 to No. 13 of the judgment of the court below, and the summary of the evidence is changed from the summary of the evidence to "the defendant A's legal statement" to "the court below and the court below's court's court's judgment", and except for adding "1. witness C's legal statement" to "the witness C's legal statement", it is identical to each corresponding column of the court below's judgment and thus, it is cited in accordance with Article 369 of the

Application of Statutes

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 350 (1) of the Criminal Act (the point of joint attack), Article 2 (2) 2 of the Punishment of Violences, etc. Act, Article 276 (1) of the Criminal Act (the point of joint confinement), Article 276 (1) of the Criminal Act, the choice of imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes.