The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the point of intimidation made on November 7, 2017) were made and sent out by the Defendant to the victim on November 7, 2017. However, the answer to sending the victim’s letter to the victim as of October 30, 2017, stating the victim’s intent and criticism in light of the overall context, is merely a statement of harm and injury, and the Defendant did not have any intent to threaten.

B) The lower court’s recognition of correction of criminal facts, such as deletion of part of the facts charged, is unlawful as it infringes on the Defendant’s right of defense. (2) The lower court’s punishment of unreasonable sentencing (fine 1,000,000) is too unreasonable.

B. According to the evidence submitted by the prosecution, such as the prosecutor 1’s statement of the victim of mistake of facts (the part of innocence as to intimidation around June 11, 2016), the prison officer’s working day, and the personal history inquiry of the confinement room, the court below erred by misapprehending the fact that the defendant was not guilty even if the defendant sufficiently recognized the fact of intimidation of the victim on June 11, 2016.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

According to the records, the Defendant was sentenced by the Gwangju District Court on January 11, 2017 to imprisonment for life, 40 hours to complete a program for treating sexual assault, and 20 years to order an electronic tracking device attachment order for location tracking device, for committing a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims thereof (Rape, etc.) and confirmed on December 22, 2017.

The crime in the judgment of the court below against the defendant is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc. (Rape, etc.) in which a judgment has become final and conclusive, and thus a sentence should be imposed in consideration of equity in the case of concurrent judgment pursuant to