A. Defendant 1) misunderstanding of facts (a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) was committed by the Defendant to the victim F (hereinafter “victim”), but did not notify the victim of the harm sufficient to cause fears, and the content of the Defendant sent was not enough to make the victim potable.

B) The victim, upon the police’s advice, only led the defendant to transmit pictures to her husband’s telephone in order to punish the defendant heavier than the defendant, and does not have been subject to intimidation. 2) The punishment sentenced by the lower court of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. According to evidence such as the prosecutor's statement (the fact-finding (Rape) victim's statement, etc., the court below found the defendant guilty of rape by threatening the victim to the effect that "the defendant will send his body photograph to her husband". However, the court below erred in the misapprehension of facts and acquitted the defendant on this part.

2. Judgment on the defendant's assertion

A. As to the assertion of misunderstanding of facts, the Defendant also asserted the same purport as the argument of misunderstanding of facts in the trial of the lower court, and the lower court, with the title "the judgment on the argument of the Defendant and the defense counsel", rejected the above argument in detail. Examining the judgment of the lower court in a close comparison with the records, the said judgment is justified.

In particular, the Defendant argued to the effect that he only made a sworn speech while he was making a sworn, and that he did not make intimidation. However, the crime of intimidation was not realistically made if the Defendant notifies the other party of the harm sufficient to cause fear objectively and enough to cause fear.

Even if established, (see, e.g., Supreme Court Decision 2007Do606, Sept. 28, 2007). From the standpoint of the defendant, the defendant was examined in the state of e.g., chemicalization.