The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles [the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ] The Defendant knew of the victim’s complaint regarding the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) in the instant case, and found the victim’s dormitory before the victim’s dormitory before the victim’s complaint was filed, and made an appraisal so that the victim’s complaint was reduced, and did not commit the above act for the purpose of retaliation against the victim who was subject to criminal punishment.

It is difficult to deem that the above act by the Defendant was in intimidation beyond a mere emotional expression or temporary expression of labor.

However, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous by misapprehending the legal principles or misapprehending the legal principles.

B. The sentence of the lower court’s improper sentencing (including six months of imprisonment, two years of suspended sentence, etc.) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the lower court determined that the Defendant was sufficiently aware of the fact that he threatened the victim for the purpose of retaliation in light of the following circumstances: (a) acknowledged based on the evidence adopted by the lower court; (b) developments leading up to the occurrence of the case; (c) dialogue between the Defendant and the victim recorded at the time; and

This part of the facts charged was found guilty.

2) Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides an investigative proviso, such as a complaint or accusation, in relation to the investigation or trial of his/her or another person's criminal case, “the purpose of retaliation against the submission of a statement, testimony or data” or “the provision of an investigation proviso, such as a complaint or accusation, or the submission of a statement, testimony or data, or the cancellation of a complaint or accusation or a false accusation.