The judgment of the court below is reversed.

Defendant

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

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (two years of imprisonment and one year of imprisonment) that the court below made against the Defendants is too unreasonable.

The grounds for appeal by the Defendants are examined ex officio prior to the judgment.

A. When the prosecutor was in the trial for the defendant A, the "Violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.)" among the names of the crimes against the defendant A was applied to "special injury", and the "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act" under the applicable law applied to the defendant A applied to the "Article 258-2 (1) of the Criminal Act". The defendant applied to the amendment of the bill of amendment to the indictment with the permission of this court.

B. In addition, the Criminal Act was amended by Act No. 13719, Jan. 6, 2016, following the pronouncement of the lower judgment, and Article 324 of the Criminal Act, which is the legal provision applicable to the crime of violating the Punishment of Violences, etc. Act (joint coercion) and the crime of coercion, provides that “any person who interferes with, or causes another person to do, another person to do, an act of interference with, the exercise of his/her rights by assault or intimidation,

Article 324(1) of the Criminal Act provides that a person who interferes with the exercise of rights by violence or intimidation or makes another person do an unobligatory act shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.

The reason for the amendment was based on the reflective consideration that the punishment is excessive. As long as a punishment under the new law enacted after the crime was more light than the former Act, the new law amended pursuant to Article 1(2) of the Criminal Act should be applied. Thus, the lower judgment that applied the Criminal Act prior to the amendment to the crime of violation of the Punishment of Violences, etc. (joint coercion) against the Defendants was no longer maintained.

(c)

Meanwhile, each of the facts charged against Defendant A and the facts charged against Defendant B are one of the concurrent crimes between each of the remaining facts charged against the Defendants and the former part of Article 37 of the Criminal Act.