Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although there is a fact that the Defendant received money from the victims for the amount stated in the crime of the instant case, the Defendant did not receive any attack by threatening the victims.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant to have contributed victims, thereby adversely affecting the conclusion of the judgment.
(1) On October 11, 2019, the defendant selected the items of violation of law or misapprehension of legal principles as a summary of the grounds for appeal in the petition of appeal on October 11, 2019, and stated that there was a mistake of facts or misapprehension of legal principles as a ground for appeal.
The sentence of unfair sentencing (10 months of imprisonment, two years of suspended execution, and 80 hours of community service order) of the lower court is too unreasonable.
2. Determination
A. Intimidation, which is a means of misconception of facts or misapprehension of legal principles, refers to a threat of harm and injury likely to restrict a person’s freedom of decision-making or interfere with a person’s freedom to carry out a decision-making. The threat of harm and injury is sufficient if, even if not explicitly stated, it would cause harm and injury to the other party through speech or behavior, and may be indirectly made through a third party other than the one to whom the harm and injury occurred. In cases where the perpetrator demands a delivery of property or a pecuniary benefit by using illegal consolation benefits based on his occupation, status, etc., and the other party does not respond to the demand, the threat of harm and injury is also a threat of harm and injury (see Supreme Court Decision 2010Do1374, Apr. 11, 2013). (2) According to the evidence duly examined by the court below, the court below duly adopted and sent the victim the message to the victim as stated in the instant facts charged or the content of the message, etc. to the Defendant.