We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant toward May 21, 2016, followed up to C, but did not display it.

In addition, the defendant's act did not feel fear C.

Therefore, the defendant is not guilty of special intimidation against C.

2) Each sentence of the lower court (the first instance court’s imprisonment with prison labor for 2 years of probation, 150 hours of community service, 2 months of imprisonment with prison labor for 10 months) is too unreasonable.

B. The lower court’s sentence No. 1 of the Prosecutor (the same applies to the above) is too unfluent and unfair.

2. Determination

A. According to C’s statement on the Defendant’s assertion of mistake of facts (the police’s statement to C, the police’s suspect interrogation protocol to C, the prosecutor’s interrogation protocol to C to the prosecution, the prosecutor’s examination protocol to the prosecution, and the court’s oral statement to the court below), the Defendant may fully recognize the fact that he/she excessively displayed excessive points as he/she had a hazardous substance toward C on May 21, 2016.

The Defendant’s defense counsel also changed in the trial court of the trial in the “the Defendant’s defense counsel saw excessive to C at the time and acted as the same as the hazardous materials.”

In addition, in order to establish a crime of intimidation, the content of the harm and injury notified must be sufficient to cause fear to ordinary people, but it is not required that the other party realistically arouses fear (see Supreme Court Decision 2007Do606 delivered on September 28, 2007). It is not required that the other party in question feel fear (see Supreme Court Decision 2007Do606 delivered on September 28, 2007). The defendant added excessive amount to C and discarded “I will die.”

“The phrase “ may generally be evaluated as sufficient to cause fear to a person.”

Therefore, the defendant's assertion of mistake is rejected.

B. We examine ex officio the judgment of the defendant and prosecutor on the improper argument of sentencing.

The defendant filed an appeal against the judgment of the court below (the prosecutor also filed an appeal against the judgment of the court of first instance). This court reviewed the appeal jointly, and each offense of the judgment of the court below is committed.