A. A. The misunderstanding of facts or misapprehension of the legal doctrine occurred in the instant case where the Defendant and the victim were divided in a coffee shop with many customers at the time of retirement.

The purpose of the defendant's speech is no longer to give any more consultation with the law and illegality and to leave from the consulting industry of lifelong education center.

The defendant and the victim have a little sensing dispute between the defendant and the victim, but did not have an atmosphere at all, and the victim was able to respond to an excessive self-harm.

No defendant has used violence or intimidation against the victim.

B. In light of the fact that the defendant suffered enormous economic and social loss with the wrong consulting of the victim, the victim had the defendant at risk without complying with the request for the repayment of the consulting down payment by the defendant, and the defendant committed the crime of this case in contingency with the attitude of the victim, and the economic situation of the defendant is very difficult, the punishment sentenced by the court below (500,000 won) is too unreasonable.

2. Determination

A. (1) The commencement of the commission of a crime of intimidation by mistake of facts or misapprehension of legal principles is the time when the act of intimidation commences, and intimidation is the means of the crime of intimidation, and it refers to the threat of harm and injury that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making.

At this time, considering the various circumstances before and after the act of intimidation, such as the tendency of the actor and the other party, surrounding circumstances at the time of notification, and the degree of friendship and status between the perpetrator and the other party, etc., the contents of the harm notified in order to recognize the act of intimidation shall be sufficient to cause fear to the general public. However, it does not require the other party to feel feel realistically, and it does not require the other party to feel fear, thereby notifying the harm to the same degree.