The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. Of the facts charged in the instant case, the lower court convicted the Defendant by applying Article 2(2) and Article 2(1)2 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment of Violences”) and Article 324 of the former Criminal Act (amended by Act No. 13719, Jan. 6, 2016; hereinafter “former Criminal Act”) with respect to the Defendant’s act of threatening the victim and forcing him/her to commit an act for which he/she is not obligated.

B. Article 2(2) of the former Punishment of Violences Act provides that where two or more persons jointly commit a crime under Article 324 of the former Criminal Act, the punishment against the crime shall be aggravated by up to one half of the punishment stipulated in the pertinent provisions of the former Criminal Act.

In this regard, Article 324 of the former Criminal Code provides that a person who interferes with the exercise of rights by violence or intimidation or causes another person to do an unobligatory act shall be punished by imprisonment for not more than five years.

Article 324(1) of the Criminal Act (amended by Act No. 13719, Jan. 6, 2016; effective on the same day) which was enforced after the judgment of the court below was rendered, provides that “any person who interferes with the exercise of another’s rights by violence or intimidation or causes another person to perform an unobligatory act shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.

“A fine was added as a statutory penalty by stipulating that it is “.”

This seems to be an anti-sexual measure from the fact that the previous measure, which had a variety of forms and motives of coercion, to be punished by imprisonment with labor for a minor coercion, is excessive. Thus, Article 1(2) of the Criminal Act constitutes “when a punishment is more severe than the previous one due to a change in the law after the crime.”

Thus, among the facts charged in the instant case, the Defendant jointly with D, thereby threatening the victim to commit an act that is not obligated to do so.