The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than four months.

Defendant

A.

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts or misunderstanding of legal principles, the victim F, who recovered materials unfavorable to the victim and corporation G (hereinafter “G”) from the above Defendant, and voluntarily paid KRW 145 million to the above Defendant under the intention of preventing the said Defendant from re-filing a civil petition, but the lower court recognized that the said Defendant received the said money by threatening the victim, thereby finding the Defendant guilty of the charges of this case. Thus, the lower court erred by misapprehending the legal doctrine as to the crime of intimidation or by misapprehending of legal doctrine, thereby adversely affecting the conclusion of the judgment.

(2) The sentence imposed by the court below on the above defendant (ten months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of facts or misunderstanding of legal principles that Defendant B (1) paid money to Defendant A through G is for Defendant A to feel uneasy by undergoing a tax investigation due to Defendant A’s civil petition filing, etc., and thus, Defendant A was not subject to a crime of attack, and accordingly, the crime of attack against the said Defendant is not established.

On the other hand, although the above defendant made efforts to compromise and arbitration between G and the defendant A and did not have conspired with the defendant A, the court below recognized that the above defendant conspiredd with the defendant A to have threatened the victim. Thus, the court below erred by misapprehending the legal principles on the crime of conflict or joint principal offense, which affected the conclusion of the judgment.

(2) The sentence imposed by the court below on the above defendant (two years of suspended execution in August, and one hundred and twenty hours of community service) is too unreasonable.

C. The sentence imposed by the prosecutor by the court below on the Defendants is too uneased and unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts and misapprehension of legal principles, the Defendants and their defense counsel also held in the court below.