The defendant case portion and the second judgment of the court of first instance shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Summary of Grounds for Appeal

The defendant, at the time of misunderstanding of facts (with regard to the first instance judgment), committed each of the crimes of this case due to the situation in which he was urged to pay his obligation by an illegal collection business operator and was threatened, and thus, he is dismissed from liability by falling under the forced act of Article 12 of the Criminal Act.

The sentence of unfair sentencing (the first instance court: the imprisonment of 10 months and the second instance court: the imprisonment of 6 months) of the lower court is too unreasonable.

The defendant filed an appeal against the judgment of the court below, and the court decided to consolidate the above appeal cases.

Each crime of the judgment below against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the first instance and the judgment of the second instance cannot be maintained.

However, the defendant's assertion of mistake is still subject to the judgment of this court even though there is a ground for reversal of authority as above, so this will be examined below.

An act of coerciond under Article 12 of the Criminal Act regarding a mistake of facts against the judgment of the court of first instance refers to an act of coercion made by force of another person, such as impergible violence, intimidation, etc. In this context, impergible violence means a case where a physical act cannot be absolutely performed in a psychological sense, or where a pressure is strong in ethical sense, and a intimidation means a intimidation which does not have any method to prevent harm to the life or body of himself/herself or his/her relatives, and coercion refers to a case where a person is forced to make a specific act by preventing the forced person from making a free decision.

Supreme Court Decision 2007Do3306 Decided June 29, 2007