Each judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

The defendant shall be subject to deception by the applicant.

1. Summary of grounds for appeal;

A. Of the lower judgment of the first instance court, 2017 J. 4203 of the lower judgment was coerciond by assault and intimidation by CB.

B. The sentence sentenced by the court below to the defendant (the court below's judgment No. 1: 2 years of imprisonment, and the court below's judgment No. 2: 5 months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal against each of the judgment below by the defendant's authority, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of the above two appeals cases. Each of the crimes in the judgment of the court below Nos. 1 and 2 against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38 (1) of the Criminal Act. Thus, the judgment of the court below Nos. 1 and 2 cannot escape from the whole reversal.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined as follows.

3. Determination on the assertion of mistake of facts by the defendant and his defense counsel

A. The relevant legal doctrine refers to an act committed by force by another person, such as coercion, etc. that may not be resistanceable violence, threat against a person’s body, etc. In this context, an act of resistance-free violence means a case where a physical act cannot be absolutely done in a psychological sense or where a pressure is strong in ethical sense. Intimidation means a intimidation against a person’s or his relatives’ life or body, without any other method, which means to prevent any harm to a person’s own life or body, and an act of coercion means to force a specific act by preventing the forced person from making a free decision-making (see Supreme Court Decision 2003Do5124, Dec. 10, 204, etc.).