The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor examined the facts charged against the defendant at the time of the trial, and applied for changes in the indictment with the following facts charged. Since this court permitted this, the subject of the trial has changed, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal.

Criminal facts

On February 2010, the Defendant sought a talk about the victim H (50 years of age) that is not good between the Defendant and the Defendant, at the alcohol house located in Q Q from the Cheongdo-si, Chungcheongnam-do-do-si, G, the Defendant proposed to offer 30 million won for each month he knows, and the Defendant also consented to the foregoing, and the Defendant instructed the following to use violence against the victim in accordance with the contents of the consultation with G.

Around April 201, the Defendant, as a packing frame operated by the Defendant, called “30 million won to reduce H” to the organized violence victim I, and caused I to feel the starting money of KRW 3 million to exercise violence against H.

After that, at around 00:50 on July 22, 201, 100, J and K, and around the N restaurant operated by H, the wife of H located in the Cheongdo-gun L of North Cheongdo-do, I waiting to view the network within the O Msawa car, a 'Mapo-ri', a 'Mapo-ri', and the J opened the above restaurant entrance and opened the above restaurant door and changed into the above restaurant with K.

In addition, K shall in advance.