Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and Sentencing) 1) The petition of this case is in the form of reporting a third party’s crime plan in advance by the petitioner, and is the chief of the court administration division who is not the victim is the addressee. Thus, it cannot be deemed that the petition of this case is a threat of harm and injury to the victim, who is the chief legal officer of the case for reexamination of the defendant (hereinafter “instant case for reexamination”).

In addition, with respect to the reasoning for the request for retrial of this case, it is merely an expression of the defendant's sentiment, and it is not a threat of harm to the victim.

In addition, the Defendant did not know who was the chief Justice of the Supreme Court to try the instant case at the time, and thus did not have any intention to threaten the victim (Ⅰ. 2) even if the content of the instant petition and the reasoning for the request for review constituted a threat of harm and injury to the victim, the Defendant received a malicious notice to the victim.

Therefore, the first deliberation punishment (the imprisonment of eight months and the suspended execution of two years) did not reach the basis of the crime of intimidation (as such, the imprisonment of eight months and the suspended execution of two years) is unfair.

B. The first deliberation sentence (unfair sentencing) of the prosecutor (an imprisonment of eight months and two years of suspended execution) is too unhued and unfair.

2. Determination:

A. The defendant's misunderstanding of facts, misunderstanding of legal principles, 1) intimidation in the crime of intimidation refers to a threat of harm to the extent generally likely to cause fear to a person by viewing it as a means of a threat. As such, an intentional act as a subjective constituent element does not require the intent or desire to actually realize the harm that an actor knows and citing that the perpetrator's threat of harm to such an extent is a threat. However, if the actor's speech or behavior is merely an expression of a simple emotional humiliation or temporary labor, and it is objectively evident that the perpetrator has no intent to harm in light of surrounding circumstances, the act of intimidation is committed.