The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to communicate with the victim, the Defendant sent a text message as stated in the facts charged, and did not intend to threaten the victim by disclosing the false fact.

B. In light of the legal principles, the Defendant did not recognize the purpose of slandering the victim by misunderstanding the legal doctrine (a violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Defamation)), and by preventing another woman from causing damage only to his/her relationship with the Defendant, who is the father or the male, or by preventing another woman from causing damage only to his/her relationship with the Defendant.

(c)

The defendant with mental and physical weakness has committed each act described in the facts charged while he lacks decision-making ability.

(d)

The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.

2. Determination

A. 1) A determination on the assertion of fact that a crime of intimidation is a crime of intimidation refers to the notification of harm that may generally cause fear to a person by viewing it as a matter of course. As such, an intentional act as a subjective constituent element is not required to actually realize the harm that an actor knows and cites that such an act is a threat of harm to such an extent. However, if the actor's speech or behavior is merely an expression of simple emotional humiliation or temporary dispersion, and it is objectively evident that there is no intention of intimidation in light of the surrounding circumstances, it shall not be acknowledged that the act of intimidation or temporary dispersion has an intention of intimidation. However, whether there was a threat or intent of intimidation in the above meaning should be determined by considering not only the external appearance of the act, but also the surrounding circumstances such as the background leading to such act, the relation between the victim and the victim, etc. (see Supreme Court Decision 2005Do329, Mar. 25, 2005).