All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts and misapprehension of the legal doctrine are the former employees of the victim C in order to join the victim C (hereinafter “victim C”).

F There is no fact that the document was drawn up to F and the F personal intimidation was threatened.

In addition, even though intimidation as a means for the attempted crime of intimidation was included in the crime of intimidation and did not constitute a separate crime, it was recognized as a separate crime of intimidation in addition to the attempted crime of intimidation against victim C, and the judgment of the court below which recognized it as concurrent crimes is erroneous in the misunderstanding of facts and misunderstanding of legal principles, which affected the conclusion

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In the crime of intimidation in a judgment of misunderstanding the facts and misapprehension of the legal doctrine, the term “Intimidation” means, in general, informing a person of harm to the extent that the person may cause fear (see Supreme Court Decision 2007Do606 delivered on September 28, 2007, etc.). There is no limitation on the content of the harm so notified, i.e., the type of legal interest or the subject of enjoyment of legal interest, etc.

Therefore, even if not only the victim himself/herself or his/her relatives, but also any other third party’s “third party” notifies harm and injury, if such harm and injury are closely related to the victim himself/herself and the third party is likely to cause fear to the victim, the crime of intimidation may be established.

At this time, “third party” includes not only natural persons but also legal entities. Whether the notice of harm that the victim’s legal interest was infringed is likely to cause fear to the victim himself/herself or not is the specific content and method of expression of the harm so notified, and the victim.