The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The Defendant’s crime of this case committed the instant crime is an unfavorable circumstance against the Defendant, on the following grounds: (a) the Defendant threatened the victims by leaving the victim E, threatening them, bringing them back again, and taking a knife, and threatening them; (b) the nature of the crime is not good in light of the substance of the crime; and (c) the fact that the victim F did not reach an agreement

However, in light of the favorable circumstances, such as the Defendant’s age, sex, environment, economic situation, background leading to the instant crime, circumstance after the instant crime, etc., the lower court’s punishment is unreasonable in view of the following: (a) the Defendant appeared to have committed the instant crime, and the victim’s attitude to recognize and reflect all of the instant crimes; (b) the victim did not want to be punished by the Defendant under an agreement with E; and (c) the Defendant has no record of criminal punishment in Korea; and (d) other favorable circumstances, such as the Defendant’s age, sex, environment, and economic situation;

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a victim E with a heavier penalty);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;