The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles did not intend to withdraw money from the victim by threatening the victim in collusion with Co-Defendant B of the lower judgment.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts or misunderstanding the legal principles as to the meaning of public conflict, which affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on 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. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Prosecutor applied for changes in the indictment of this case against the Defendant with the same content as the following facts constituting an offense. Since the subject of the judgment was changed by this court’s permission, the part of the judgment of the court below based on the initial facts constituting an offense cannot be maintained.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles as to the facts charged of this case is still subject to the judgment of this court despite the above amendment of indictment.

subsection (1) of this section shall be taken separately.

B. Determination of misunderstanding of facts and misapprehension of legal principles (1) refers to the threat of harm and danger likely to be hot enough to restrict a person’s freedom of decision-making or interfere with a person’s freedom to enforce a will. It is sufficient that the threat of harm and injury, even if not explicitly stated, should have the other party be aware of that it would cause harm and injury through speech or behavior, and may be indirectly made through a third party other than the person to be threatened.