The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three months.

1. The defendant's assertion of unfair sentencing against the defendant is under a criminal trial and committed a crime of coercing the victim who has been imprisonent to himself without reflectivity in the prison, and therefore, the nature of the crime is not good. However, the defendant's agreement with the victim is contrary to the mistake, the defendant's preparation for official approval during prison life is being made, and the defendant could be punished for the same opportunity as before and after the judgment in the first head of the judgment of the court below. In addition, considering the defendant's age, character and behavior, family environment, motive, means, method, and consequence of the crime in this case, and the circumstances before and after the crime, the punishment of the court below is somewhat inappropriate.

2. In conclusion, 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 with merit.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment), and Article 324 of the Criminal Act, each of the choice of punishment for the crime;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;