Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. The sentence of the court below (one year of imprisonment) is too unreasonable.
2. Each of the crimes of mutual conflict and joint coercion of this case is deemed to be highly likely to be committed in light of the Act on the Number of Crimes and the degree of the defendant's participation in the crime, etc., but the defendant confessions and reflects each of the crimes of this case on the other hand, the defendant appears to have caused the joint conflict and joint coercion of this case by contingency according to the proposal of B, etc., the defendant appears to have reached an agreement with the victim, the size of the flood of this case is relatively small, the defendant has no record of criminal punishment, and all of the sentencing conditions such as the defendant's age, character and behavior, environment, family relationship, etc.
3. As such, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and Article 2(1)2 of the Punishment of Violences, etc. Act concerning criminal facts, Article 324 of the Criminal Act, Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 44(1)1 and Article 28 subparag. 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 44(1)2 of the same Act, Article 32(1)2 and Article 32(7) of the Game Industry Promotion Act, Article 30 of the Criminal Act (the fact that gambling and other speculative acts are provided), Article 44(1)2 and Article 32(1)7 of the Act on the Punishment of Violences, etc.