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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
1. Summary of grounds for appeal by the defendant and his defense counsel
A. misunderstanding of facts (1) The Defendant agreed to settle the amount of KRW 250 million, including the principal of investment and profits, in the process of recovering the investment amount from the victim G, with the agreement to settle the amount of KRW 250,000,000,000, including the principal of investment, and did not receive the agreed settlement amount from the victim G by threatening K or the victim G.
(2) The part forced the victim K to obtain a loan certificate of KRW 50 million from G with itself as its creditor, and the Defendant did not compel the victim K to prepare the above loan certificate and did not receive the above loan certificate.
(3) The fact that the Defendant in the special injury part did not assault the victim W and sustained an injury requiring treatment for two weeks is recognized, but did not do so while carrying a knife, which is a dangerous object.
(4) Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by convicting all of the facts charged in the instant case.
B. In light of the fact that K invests KRW 110 million in G in recommending investment while guaranteeing the benefit of KRW 500 million, and the case occurred in the course of collecting the investment money, the victims expressed their intent not to be punished, and the Defendant started business in Cambodia and suffered considerable economic loss due to the detention in this case, the lower court’s sentence that sentenced two years to imprisonment is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant’s allegation in the grounds of appeal on this part is tenable, since the Defendant’s intimidationed the victim G and 250 million won in total from the said victim.