A defendant shall be punished by imprisonment for one year.

A. misunderstanding of facts and misapprehension of legal principles (as to the attempted part of coercion), the Defendant sought the victim while bringing a civil lawsuit against the victim.

The defendant's act does not constitute a constituent element of the crime of coercion under the Criminal Act because it was intended to divide the victim's argument and to persuade the victim's argument, but it was not forced to force the victim to do an act without obligation by threatening the victim.

In addition, this part of the facts charged that the court below found guilty is a severe distortion or exaggeration based on the victim's unilateral statement.

B. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable as to the sentencing (on the whole judgment of the lower court) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the relevant legal principles or the assertion of misunderstanding of the legal principles refers to a threat of harm and injury that is the means of coercion or coercion of the relevant legal principles to the extent that it restricts a person’s freedom of decision-making or interferes with a person’s freedom to execute the proceedings. It is sufficient to say that a malicious notice does not necessarily have any explicit means but would cause harm and injury to the other party through speech or behavior, and may indirectly be made through a third party other than the one who is under solicitation. In a case where an actor demands a delivery of property or a pecuniary benefit by using an unlawful perjury based on his occupation, status, etc., and the other party does not respond to the demand, and where the perpetrator demands a delivery of property or a pecuniary benefit and the other party does not respond to the demand, the threat of harm and injury is also a threat of harm and injury (see, e.g., Supreme Court Decision 2010Do1374, Apr. 11, 2013).