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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles that the defendant made the victim, who is the debtor, the debtor, the statement that "the victim would know about the fact that he borrowed money," cannot be deemed as intimidation as a means of crime of threat. Since this was used as a means of realizing legitimate rights, it cannot be said that the defendant had an intention to attack. In so determining, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence (one million won of a fine) against the Defendant is too heavy or unhued and unreasonable.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles (defendants)
A. Intimidation as a means of the crime of intimidation refers to notifying a threat of harm and injury likely to be drinking to the extent that it limits the freedom of decision-making or obstructs the freedom of decision-making. The realization of the harm and injury so notified does not necessarily require that it itself is unlawful. The realization of the harm and injury does not necessarily require that an actor demands the delivery of property or pecuniary benefits on the basis of his occupation, status, etc., and the other party’s refusal to comply with the demand, even if the perpetrator causes a threat of harm and injury. Even if the notice of harm and injury is used as a means of realizing the right, if it is used as a means of intimidation and the method of exercising the right exceeds the permissible level or scope in light of social norms, the threat of harm and injury is established.
(Supreme Court Decision 201Do5910 Decided May 24, 2012; Supreme Court Decision 2003Do709 Decided May 13, 2003; Supreme Court Decision 95Do2801 Decided March 22, 1996, etc.) (b).
According to the evidence duly admitted and examined by the court below, the defendant 1.