The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant was either borrowed money from the injured party or received a donation from the injured party on his own, and there was no fact to do so, and the Defendant did not force the injured party to prepare a written statement regarding coercion.

B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. At the appellate court's ex officio determination, the Prosecutor filed an application for amendment of the Act on the Punishment of Violences, etc. (Habitual Bribery) to change the term "Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 350 of the Criminal Act" to "Article 350 and Article 351 of the Criminal Act" among the names of the crimes. This court permitted this, thereby changing the subject of the adjudication, and the above crimes and the rest of the crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of mistake of the above facts is still subject to the judgment of this court, and this is examined below.

B. In full view of the evidence such as the defendant's party's trial and the court below's legal statement, the victim's police statement, etc. as to the assertion of mistake of facts, the defendant's above assertion is without merit, since the facts charged of habitual attack and coercion can be acknowledged.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] Criminal Procedure Act is applicable to facts constituting an offense and summary of evidence recognized by the court, as stated in the relevant column of the judgment below.