Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. As to the facts of the crime in the judgment of the court below, with regard to paragraph (1) of the facts of the facts in the judgment of the court below, the defendant merely received 300,000 won paid as part of the agreement with the defendant and its partners after he agreed with the defendant and its partners to pay 100,000 won per soil sand taken out from the construction site of Eul as a damages claim for the damages of inconvenience such as dust, noise, etc. caused by the construction of the defendant's restaurant operated by N, AD and the same business, and there is no fact that the defendant threatened E in this regard.

Nevertheless, the court below which found the defendant guilty of this part of the facts charged erred by misunderstanding facts and affecting the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of this part of the facts charged reveals that the Defendant was awarded a subcontract for the construction of the ground-breaking construction among the new construction of the F apartment in Simpo-si in Simpo-si (hereinafter “instant construction”) around October 201.

피고인은 2012. 3. 초순 무렵 전남 무안군 G마을 앞에 있는 피해자가 운영하는 사토장에서, 피해자에게 “돈을 주지 않으면 사토장에 뻘과 부직포 같은 폐기물이 섞여 매립되는 것에 대하여 민원을 제기하겠다.”라는 취지로 겁을 주었다.

On March 9, 2012, the Defendant: (a) raped the victim; and (b) transferred KRW 3 million to the Defendant’s spouse H’s new cooperation account in the name of H on March 9, 2012.

B. Determination E continues from the investigative agency to the court of the court of the court below. The defendant would have to file a civil petition for scattering dust and noise generation at the prime office and sporess, etc. to prevent the defendant from doing the instant construction.