The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is as follows: (a) since only the Defendant filed an appeal against the guilty portion of the lower judgment, the dismissed portion of the lower judgment’s dismissal (the point of intimidation) becomes separate and conclusive after the lapse of the appeal period, and is not subject to the

A. Fact misunderstanding (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)), the Defendant was merely under the influence of alcohol and did not threaten the victim for the purpose of retaliation, such as this part of the facts charged.

B. The sentence of the lower court (eight months) is too unreasonable in light of the following: (a) the confession of an unfair crime in sentencing, the fact that an contingent crime was committed while under the influence of alcohol, and the victim was not punished against the Defendant; and (b) the sentence of the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant also asserted the same as the lower court.

The lower court rejected the Defendant’s assertion, taking full account of the legal principles and circumstances in its holding, determined that the Defendant had threatened the victim with the purpose of retaliation as stated in this part of the facts charged.

The judgment below

Examining the reasoning of the lower judgment in comparison with the evidence duly adopted and examined, the lower court’s determination is justifiable, and there is no error of law by mistake as to the facts identical to the grounds for

This part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the lower court, as indicated in its reasoning, determined the Defendant’s punishment by taking into account the favorable or unfavorable circumstances of the Defendant.

The circumstances alleged by the Defendant on the grounds of appeal were already considered in the sentencing process of the lower court and there are no new changes in circumstances that could change the sentence of the lower court in the trial.

Considering all of the sentencing conditions in Article 51 of the Criminal Code as shown in the hearing of the court below and the party concerned, the sentence of the court below exceeds the reasonable scope of discretion, or is unfairly heavy as the grounds for appeal.