The defendant's appeal is dismissed.

The crime of intimidation is not established since it is merely a verbal abuse during the marital fighting and it cannot be deemed that the act as stated in paragraph (3) of the facts constituting a crime of intimidation is sufficiently harmful to the extent that it causes fear to the victim.

The punishment sentenced by the court below (two years of imprisonment with prison labor for eight years) is too unreasonable.

Judgment

As to the assertion of misunderstanding legal principles, “Intimidation” required for the establishment of a crime of intimidation as prescribed in Article 283 of the Criminal Act refers to the threat of harm sufficient to cause fear to a person who has become the other party, and thus, whether such threat constitutes a threat of harm or injury ought to be determined by 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, relationship and status between the offender and the other

(see, e.g., Supreme Court Decision 201Do10451, Aug. 17, 2012). In light of the relationship between the Defendant and the victim, circumstances before and after the act, details of the Defendant’s statement, etc., the act under Paragraph (3) of the facts constituting the crime of the lower judgment can be deemed as having given notice of harm sufficient to the extent that it causes fear to the victim.

Defendant’s assertion is without merit.

With respect to the assertion of unfair sentencing, the defendant seems to have committed the crime of intimidation, except for the assertion that the defendant cannot be deemed to have notified the victim of sufficient harm to the extent that he/she made fear of the crime of intimidation, and thus, the crime of intimidation is not established.

It is the first crime.

For the victim, 20 million won was deposited.

Faithfully worked as police officers.

When a judgment on the suspension of sentence of imprisonment becomes final and conclusive, police officers shall retire automatically.

However, crimes are committed repeatedly against victims several times.