The defendant's appeal is dismissed.

1. Although the text of the grounds for appeal that the Defendant sent to the victim is merely an emotional abusive and does not constitute a notice of specific harm and injury likely to cause fear, the judgment of the court below convicting the Defendant of the facts charged of this case by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Intimidation in a crime of intimidation refers to a threat of harm that may generally cause fear to a person. As such, an intentional act as a subjective constituent element of intimidation does not require an intent or desire to actually realize the harm that an actor knows and citing that the perpetrator informss of harm to such an extent. However, if the perpetrator’s speech or behavior is merely an expression of a mere emotional expression or temporary dispersion, and it is objectively evident that the perpetrator has no intention to harm in light of the surrounding circumstances, it cannot be acknowledged that the actor’s intent of intimidation or temporary dispersion is not acknowledged.

The issue of whether there was the intent of intimidation or intimidation should be determined by considering not only the external appearance of the act, but also the circumstances leading to such act and the relationship with the victim as a whole.

(2) In order to establish a crime of intimidation (see, e.g., Supreme Court en banc Decision 2005Do329, Mar. 25, 2005). In order to establish a crime of intimidation, the content of harm and injury notified should be sufficient to cause fear to a person generally in light of various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, degree of friendship between the offender and the other party, and mutual relationship between the other party. However, it is not required that the other party in question feel realistically (see, e.g., Supreme Court en banc Decision 2007Do606, Sept. 28, 2007).