The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the defendant sent the victim a letter of the same content as the facts stated in the facts constituting the crime in the judgment below, or that the defendant merely expressed his suppression, interference, and did not have the purpose of retaliation but did not notify harm. However, the court below which found the defendant guilty of the facts charged in this case erred by mistake of facts or by misapprehending legal principles

2. Determination

A. The crime under Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes is established when the purpose of retaliation is to provide a criminal investigation team, such as filing a criminal complaint, make a statement, testify, or submit data in connection with the investigation or trial of his/her or another person's criminal case. The purpose of the crime is not required to be active or conclusive and dolusent awareness of the crime. Whether the crime has its purpose should be determined reasonably in light of social norms by taking into account various circumstances such as the defendant's age, occupation, etc., personal factors, motive, background, means, method, and relation with the victim

In addition, “Intimidation” required for the establishment of a crime of intimidation generally notifies a person who has become the other party of harm sufficient to cause fear. Whether it constitutes a threat of harm or injury ought to be determined by comprehensively taking into account various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, the relationship between the offender and the other party, and the degree of friendship.

B. According to the evidence duly admitted and examined by the lower court, ① the victim’s face is expressed by the Defendant, who was holding the victim’s head on the ground that the victim, who is the convenience store, was frightened at the time of drinking alcohol and drinking alcohol in front of the convenience store around May 19, 201.