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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles is the owner of 1/2 shares among the land in this case and the person entitled to provisional registration of the above ground buildings. On the basis of this, the victim loaned money to be paid a high interest rate exceeding the Interest Limitation Act even with the head of the bank branch, and then illegally demanded distribution in the auction procedure on the above land, the defendant's right is infringed. At the same time, he made a claim, presented the conditions for resolving the problem, and expressed the intention to file a civil petition in the absence of response. The victim also sent text messages as stated in the facts of the crime in the judgment of the court below to indicate the intention to file a civil petition, and the victim did not drink the above text message and letter to the extent that the decision of intention is interfered with. Thus, the defendant's act constitutes a legitimate exercise of rights, and it cannot be said that there was any notice of harm and injury, and there was no intention to attack the defendant.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.
B. The sentence imposed by the lower court on the Defendant (two years of suspended execution and two hours of community service order in August) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts or misapprehension of legal principles, intimidation 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, and the realization of the harm and injury so notified does not necessarily require that it is unlawful, and even if the threat is used as a means of realizing the right, it is allowed to take advantage of the other party as a means of intimidation, and the means of exercising the right.