The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

1. Summary of the grounds for appeal (the fact-finding person/Type unfair);

A. As to the violation of the Punishment of Violences, etc. Act (joint coercion) among the facts charged in the case of mistake of facts, the court below found the defendant guilty of this part of the charges although the defendant did not have the victim prepare a letter of payment by assault or intimidation, but he voluntarily prepared and ordered the defendant to do so. The judgment of the court below is erroneous in the misapprehension of

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. Before determining the grounds for appeal by the defendant, the prosecutor examined the case ex officio, and the prosecutor applied for a selective modification of indictment to change the name of selective crime against the defendant as "violation of the Punishment of Violences, etc. Act (joint conflict)" and the selective applicable provisions of law as "Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act" as "Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 350 (1) of the Criminal Act", and the defendant applied for a selective alternative amendment of indictment to which the facts charged against the defendant are stated in the crime of violation of the law (joint conflict and joint injury) in the punishment of violence, etc. (joint conflict and joint injury) as stated in the following. Since this court permitted this, the judgment below

3. According to the conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act on the ground that the above reasons for ex officio destruction exist, and instead of without examining any determination on mistake of facts or assertion of unreasonable sentencing as to the facts charged in violation of the Punishment of Violences, etc. Act (joint coercion), the court below found the defendant guilty of the facts charged in violation of the Punishment of Violences, etc. Act added to selective facts charged at the trial of the case from among the facts charged in this case (joint