The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal by the defendant and his defense counsel

A. Error of facts (a threat against R of the victim) The Defendant merely expressed that R’s working as an employee of Q singinging practice room (hereinafter “the instant karaoke practice room”) operated by G would report the said fact of the instant karaoke practice room to the police and make it impossible to conduct business operations properly, and it cannot be deemed that the victim R, who is not likely to be subject to administrative disposition or criminal punishment, unlike G, did not cause fear of harm and injury.

Nevertheless, the lower court found the Defendant guilty of intimidation on the victim R among the facts charged of the instant case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The victim I expressed his/her intention that he/she does not want to punish the defendant upon receipt of the payment of alcoholic beverages, and the victim I presented a written application stating that he/she received the payment of alcoholic beverages from the defendant and that he/she would want to punish the defendant. Thus, the court below explicitly expressed his/her intention that he/she does not want to punish the defendant.

Nevertheless, the lower court did not render a judgment dismissing the prosecution against the victim I among the facts charged in the instant case, and found the Defendant guilty, thereby having committed an error of misapprehending the legal doctrine regarding the expression of intent not to punish the victim in the crime of non-compliance with punishment, thereby adversely affecting the conclusion

C. In light of the fact that the Defendant commits each of the instant crimes against the mistake of unfair sentencing, drinking alcohol, and contingently commits each of the instant crimes, further recovery from damage was made in the trial, and the victim I, C, and G expressed their intent not to have the Defendant punished, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. Determination

A. The lower court duly adopted and investigated the assertion of mistake of facts.