The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely expressed that D used electricity without permission a temporary decentralization of KRW 150 million, and did not have any intention of intimidation, and there was no fact that D threatened with D while referring to D’s illegal construction and tax evasion.

B. The lower court’s sentence of unreasonable sentencing (4 million won by fine) is too unreasonable.

2. Determination

A. Intimidation as a means of a crime of assaulting a mistake of facts refers to the threat of harm that is likely to impose a restriction on the freedom of decision-making or interfere with the freedom of decision-making, and the realization of harm so notified here does not necessarily require that the realization itself is unlawful, and where the threat of harm is used as a means of realizing a right, even if such threat is used as a means of realizing a right, and if the means of exercising a right exceeds the permissible level or scope under the generally accepted social norms, the crime of assault is established.

(1) In light of the above legal principles, the Defendant’s statement is consistently stated to the effect that the Defendant’s request for 150 million won was made on July 14, 2012, and the credibility of such statement is not recognized. In light of the amount of the demand, the process of the demand, the name of the demand, etc., when considering the above demand for the amount of the money to be paid to the Defendant, the Defendant’s subsequent process of negotiations between D and the Defendant’s side in order to determine the amount of the money to be paid to the Defendant, and the following circumstances, i.e., the victim D, up to July 2012 from the investigative agency to the court of the lower trial, shall be considered as a matter of illegal construction and tax evasion.