Of the judgment of the court of first instance, the guilty part and the judgment of the court of second instance shall be reversed.

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

1. Summary of grounds for appeal;

A. The sentence of imprisonment with prison labor (6 months, etc.) for Defendant 2’s decision on the judgment of the lower court (hereinafter “Defendant 2”) is too unreasonable.

B. Of the judgment below of the court below of first instance, the sentence of conviction on the guilty portion (one year of imprisonment with prison labor and two years of suspended sentence, etc.) is too unhued and unreasonable.

2. Of the judgment of the court of first instance, the judgment below rejected the prosecution and sentenced the remainder of the charges on the grounds that the victim explicitly expressed his/her intention not to punish the defendant after instituting the prosecution of this case regarding intimidation among the charges against the defendant.

The prosecutor appealed only to the guilty part, and the dismissed part of the prosecution was separated and finalized as it is because both the defendant and the prosecutor did not appeal.

Therefore, the scope of the judgment of the court of first instance is limited to the guilty part.

3. Prior to the judgment on the grounds of ex officio appeal, the first instance court's decision was examined ex officio, ① the Defendant filed an appeal against the guilty part of the first instance judgment, and the Prosecutor decided to concurrently examine the appeal case against the guilty part of the first instance judgment and the second instance judgment (hereinafter "the lower judgment"). The lower court's judgment against the Defendant is in concurrent crimes under the former part of Article 37 of the Criminal Act, and the Defendant is sentenced to a single punishment within the term of punishment aggravated for concurrent crimes in accordance with Article 38 (1) of the Criminal Act. ② In the first instance court's judgment, "Violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.)" in the applicable law is "special intimidation," and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) 4 of the Criminal Act are amended to "Article 28 (1) of the Criminal Act" and Article 283 (2) 4 of the Criminal Act.