The judgment below

Each part of the crimes of 2015 Gohap89 in the judgment of the court shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The defendant's defense counsel withdraws his/her assertion of mistake of facts on the second trial date among the grounds for appeal.

Meanwhile, the Defendant alleged that there was no fact that he/she joined the court as a criminal organization, in addition to the assertion of mistake in the statement of grounds of appeal presented by a defense counsel, in the court of the competent trial, but it does not seem that there was an error of law affecting the judgment of the court below, even

피고인은 파주 지역에서 2개월 정도 웨이터로 근무했을 뿐이어서 C 두목을 비롯한 조직원들을 알지 못하였고, 이에 따라 피고인에게 돈을 건네 준 조직원이 피해자 BC(BB주점)을 협박할 목적으로 피고인에게 룸빵을 지시했다고 하더라도 당시 나이가 어린 피고인이 위와 같은 조직원의 내심의 의사까지 파악하며 행동했을 것으로 보기는 어렵고, 순차공모의 법리를 적용하여 피고인에 대하여 폭력행위등처벌에관한법률위반(단체등의구성활동)죄 및 폭력행위등처벌에관한법률위반(단체등의공동협박)죄로 의율하는 것은 가혹한 측면이 있는 점 등을 고려하면 원심의 각 형(징역 1년 및 징역 2월)은 너무 무거워서 부당하다.

2. Determination:

A. Of the lower judgment, the fact that the Defendant committed this part of the crime during the period of repeated crime is disadvantageous to the Defendant.

However, in a situation where a long period of time has not yet passed since joining C, he/she was involved in the crime of joint intimidation according to the instructions of two items D, etc., and was actually withdrawn from C due to the lapse of two months after joining, and the victim BC of the crime of violation of the Punishment of Violences, etc. Act (joint intimidation by organizations, etc.) was deposited as the victim at the trial, and the defendant was deposited at the court, and the defendant was sentenced to 2 million won as the deposited, and the defendant was sentenced to the High District Court on July 5, 2012.