All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (joint conflict) by mistake of facts, Defendant A (1) is a single crime committed by the Defendant, and thus only a crime of extortion, not a violation of the Punishment of Violences, etc. Act (joint conflict) and an attempted crime of extortion is established.

(2) The lower court’s sentence of unreasonable sentencing (the 4 years of suspended execution in two years and six months of imprisonment, and the 280 hours of community service order) is too unreasonable.

B. Defendant B (1) misunderstanding of facts does not have any fact that Defendant B took part in Defendant A’s respective official acts, thereby harming the victim H, or attempted to take out or withdraw money.

(2) The lower court’s sentence of unreasonable sentencing (two years of suspended execution for one year of imprisonment, two hours of community service order 120 hours) is too unreasonable.

2. Determination

A. Determination of the Defendants’ assertion of misunderstanding of facts [the part concerning the violation of the Punishment of Violences, etc. Act (joint conflict)] Article 2(2) of the Punishment of Violences, etc. Act requires that two or more persons jointly exist in the so-called so-called co-offender relationship among them, and that there is a case where several persons jointly commit a crime by recognizing the same opportunity as one another at the same place and using it.

In light of the above legal principles, considering the following circumstances revealed by the evidence duly adopted and examined by the court below, the Defendants had the intent to jointly process the victim H with the intent to take money from the victim H, and in light of the content of the participation, degree of the victim's appearance, and the circumstances revealed by the victim's appearance, the Defendants cannot be held liable as a co-principal for the violation of the Punishment of Violences, etc. Act (joint conflict).

(1) On June 6, 2013, G was subject to sexual indecent conduct against the Defendants from H around March 22, 2013.

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