A. The Defendant, as stated in the facts charged, did not threaten the victim by citing stick as the head of the victimized person, as he/she is waiting for the victim.

다만 피해자가 지팡이로 피고인의 성기 부분을 서너 차례 꾹꾹 찌르기에 그 지팡이를 빼앗아 ‘ 어이구 뭐 이런 인간이 다 있노 ’라고 말했을 뿐이다.

Nevertheless, the lower court convicted the Defendant of the instant facts charged by misunderstanding the facts.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

가. 협박의 점에 관한 사실 오인 주장에 대한 판단 피고인은 위 항소 이유에서 보는 바와 같이 피해자가 지팡이로 피고인의 성기 부분을 서너 차례 꾹꾹 찌르기에 그 지팡이를 빼앗아 ‘ 어이구 뭐 이런 인간이 다 있노 ’라고 말했다고

According to the evidence duly adopted and examined by the court below, in particular the victim's statement, investigation report (referring to witness F and E) etc., the defendant can fully recognize the fact that the defendant threatens the victim's body by stick as stated in this part of the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the crime of intimidation of this case is just and there is an error of law as alleged by the defendant.

subsection (b) of this section.

B. In full view of the reasoning of the instant case’s argument of the sentencing determination and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the multiple sentencing grounds asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is changed

Therefore, this part of the defendant's assertion is without merit.

3. As such, the Defendant’s appeal does not appear to be either as a mother or there is no reason to do so, and accordingly, pursuant to Article 364(4) of the Criminal Procedure Act.