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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As a result, the Defendant, by threatening the victim, did not raise money on the pretext of advertising expenses from the victim, as the Defendant provided an unfavorable article.
However, the lower court found the Defendant guilty on the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine.
B. The sentence of the lower court’s improper sentencing (two years of suspended sentence in six months of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the court below found the defendant guilty of the facts charged in this case where the victim consistently stated that the victim requested an advertisement by drinking hotly and inevitably due to the defendant's speech and behavior as stated in the court below's decision, and it is believed that the above statement is very specific and thus the contents of the above statement are very specific.
The decision was determined.
Intimidation as a means of threat is a threat of harm that is likely to restrict the freedom of decision-making or obstruct the freedom of decision-making. Bad faith notification is sufficient if it is not necessarily required to be made by a clear method, and it is sufficient to have the other party aware that it would cause harm and injury to the other party by language or impulse. Even if it is not directly, it may indirectly be made through a third party other than the person who is under threat. If an actor demands the delivery of property using illegal consolation benefits based on his occupation and status and the other party fails to comply with the demand, it is also a threat of harm and injury. However, if an employee of a press organization demands the delivery of property based on his occupation and status, and the other party fails to comply with the demand, it shall also be a threat of harm and injury. However, if an advertisement or newspaper reading is requested for a news reporter's report on materials disadvantageous to reporters, it shall be a means of crime of threat and injury.