The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. Although there was an act of violence against the Defendants against the victim D by mistake of fact, the victim was out of the appearance due to violence and intimidation at the time of the preparation of the letter of this case, each of the instant cases cannot be deemed to have been drafted by coercion by the Defendants.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence that the court below sentenced unfair sentencing (Defendant A: one year and four months of imprisonment; two years of probation; 80 hours of community service order; 80 hours of violent therapy order; Defendant B; one year of imprisonment; two years of probation; two years of community service order; 40 hours of community service order; and 40 hours of violent therapy order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendants asserted the same as the grounds for appeal on the facts in the court below, and the court below found the following circumstances acknowledged by the evidence of the judgment, namely, ① the victim was under continuous pressure of the Defendants prior to the crime of this case, and the degree of violence committed on the day of this case was considerably heavy, and even at the time of the preparation of each letter after about one hour from violence, the victim appears to have been in a state of external distribution due to violence and intimidation of the Defendants. ② The victim appears to have made each letter of this case by concerns over physical retaliation or business disorder (for example, the act of filing a civil petition to delay the completion of construction) of the Defendants. The victim was sent to the police on the day of this case or there was a circumstance that the Defendant delayed to file a criminal lawsuit.

the victim has prepared a written statement with free will.

It can not be seen, ③ At the time, the victims were aware that they paid the construction cost to G, and also whether they actually hold the wage claim amounting to KRW 46,180,00.