The defendant's appeal is dismissed.

Summary of Grounds for Appeal

Although the defendant made gasoline in the house of the victim who is his father, he did not have any intention of intimidation because he attempted to do so or did not have any intention to do so, since the defendant did not have any intention of intimidation.

Therefore, the judgment of the court below which found the defendant guilty is erroneous in the misconception of facts.

Judgment

Intimidation in a crime of intimidation refers to a threat of harm to such an extent that may cause a person to feel a fear, and as such, an intentional act as a subjective constituent element of intimidation does not require a person’s actual intent or desire to realize harm that has been notified with its content, by recognizing and citing that the perpetrator’s threat of harm to such an extent. However, if the perpetrator’s speech or behavior is merely merely an expression of a mere emotional desire or temporary decentralization and it is objectively evident that the perpetrator has no intention to harm in light of the surrounding circumstances, it cannot be acknowledged that the perpetrator’s act of intimidation or temporary decentralization has no intention to harm.

The issue of whether there was the intent of intimidation or intimidation should be determined by comprehensively considering the surrounding circumstances, such as not only the external appearance of the act, but also the background leading to such act, relationship with the victim, etc.

According to the evidence duly adopted and examined by the court below, while the victim was being financially assisted by the defendant several times, the defendant and the victim sought economic assistance from D who was known to the defendant, "the relationship with the child was cut, will no longer help but be able to do so more economically," and the defendant refused the above request, the defendant heard the above horse from D and found the gasoline (10L) as the victim's house, and tried to find it as the victim's house, and the second floor lessee of the victim's house helps the victim.