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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of the facts charged of this case, by misunderstanding the facts and misunderstanding the legal principles, that there was no threat to the victims to pay advertising fees as shown in the facts charged, and that advertising fees paid by the victims to other media companies than E are irrelevant to the defendant. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence sentenced by the lower court (nine months of imprisonment) is too unreasonable.
2. Determination
A. 1) Determination of misunderstanding of facts and legal principles as the means of a crime of intimidation refers to the notification of harm likely to restrict the freedom of decision-making or obstruct the freedom of decision-making, and it is sufficient to say that malicious notice does not necessarily require the method of specification, and if it is intended to have the other party recognize that it would cause harm and injury to the other party by language or communication, and even if it is not directly, it may indirectly be made through a third party other than the person under threat, and if an actor demands the delivery of property by using illegal acts based on his occupation and status, and the other party fails to comply with such demand, it shall also be a threat of harm and injury (see Supreme Court Decision 2001Do6747, Aug. 27, 2002). 2) The lower court should have the person under charge of supervision or supervision of the public official at the construction site to consider the disadvantage of each of the public official at the construction site or in detail, and shall have the person under charge of supervision or supervision of the public official at the construction site of this case.