A. It was true that the Defendant made a phone or speech to the victim as stated in the facts charged in the instant case. However, this was merely a temporary decentralization or an emotional expression in the manner that the Defendant made a fry with the mind that the victim had good mind, and that the Defendant made a fry with drinking, and expressed a fry and fry against the victim, and did not have any purpose of retaliation against the victim.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The crime under Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when the purpose of retaliation against the provision of a criminal investigation team, such as a criminal charge, statement, testimony, or submission of materials is required in connection with the investigation or trial of his or another person's criminal case. The purpose of the crime is sufficient if there is an incomplete perception without requiring active intent or final recognition. Whether there was such purpose should be determined reasonably in light of social norms by taking into account various circumstances such as the defendant's age, occupation, etc., personal factors such as the defendant's age, motive, process, means, method, and relation with the victim.

"Intimidation" which is required for the establishment of a crime of intimidation generally notifies a person who has become the other party of harm sufficient to arouse fear. Whether it constitutes a threat of harm or injury is before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, relationship and status between the offender and the other party, degree of friendship, etc.