The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (in fact-finding and unfair sentencing) and the defendant asserts that the contents of the civil petition brought by the defendant to the head of the Suwon City is not false, and that the defendant did not first demand money to the victim, and that he did not threaten to continuously file a civil petition without giving money to the victim, and the judgment of the court below which found the defendant guilty is unfair. Even if the defendant is found guilty, the contents of the civil petition brought by the defendant are true, and that even if he did not demand money first, the punishment imposed by the court below is too excessive and unfair.

2. Intimidation as a means of a crime of misunderstanding of facts 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. In a case where an actor demands the delivery of property or property benefits by using an unlawful perjury based on his occupation, status, etc., and the other party does not comply with such demand, the threat of harm and injury may be deemed to be a threat of harm and injury, even if it does not necessarily require that the realization of harm and injury so notified is unlawful, and even if the notice of harm and injury is used as a means of realizing the right, if the threat and the means of executing the right exceed the degree or scope permitted by the social norms or the method of exercising the right, the crime of raping is established if the threat and injury were to be drinking as a means of intimidation by

(see, e.g., Supreme Court Decision 2003Do709, May 13, 2003). In light of the evidence duly adopted and examined at the court below and the evidence submitted by the defendant at the court below, the following facts are acknowledged.

A. On March 19, 2011, the Defendant’s closing temperature (defluence) in the course of the whiteter replacement work on April 4, 201 with the Suwon City Mayor on March 19, 201; March 21, 201; and the E on March 22, 201.