The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

except that this shall not apply.

Summary of Grounds for Appeal

(F) The sentence of the original judgment (the imprisonment of 10 months and the imprisonment of 6 months) is too unreasonable.

Judgment

The crime of this case is an unfavorable circumstance where the Defendants, who are in custody of the victim’s prison life, forced the victim to take money by threatening the victim or prepare a cash custody certificate to the victim. The crime of this case is not good in nature, the amount of damage is higher, and Defendant B is subject to criminal punishment by assault, etc.

However, in light of the following: (a) the Defendants led to the entire crime of this case; (b) the Defendants made a confession of the entire crime of this case; (c) the victim and the victim did not have any punishment against the Defendants by mutual agreement with the victim during the trial; (d) the Defendants did not have any same criminal record; and (e) the Defendants did not have any criminal record exceeding the fine; and (e) the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and (e) all of the sentencing conditions, including the circumstances after the crime,

As the Defendants’ appeal is well-grounded, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again as follows.

Criminal facts

Criminal facts against the defendant recognized by this court and summary of the evidence shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 2(2) and (1)2 of the Punishment of Violences, etc. Act, Article 324 of the Criminal Act, Article 324 of the Criminal Act, Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 324 of the Criminal Act