The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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) While the victim F expressed his intent not to be punished against the Defendant as to intimidation against the victim F among the facts charged in the instant case, the court below convicted the Defendant of this part of the facts charged, which erred by misapprehending the legal principles as to the crime of non-compliance with the intention to punish the Defendant.

3) The lower court’s sentence of unreasonable sentencing (the imprisonment of eight months is too unlimited and unfair).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant is deemed to have been under the influence of alcohol to a certain extent at the time of the crime of this case, but in light of the background, means and methods of the crime of this case, the circumstance before and after the crime of this case, etc., it cannot be deemed that the defendant lost or lacks the ability to discern things or make decisions, and thus, the defendant'

3. Of the facts charged in this case’s assertion of misapprehension of legal principles, intimidation against the victim F is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. According to the records of this case, it is recognized that the victim F voluntarily agreed with the defendant around September 1, 2015, which was before the judgment of the court below was rendered after the prosecution of this case, and the victim F had been dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act, but the court below found the defendant guilty of this part of the facts charged. In this regard, the judgment of the court below was no longer maintained.

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