The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. Summary of grounds for appeal;

A. The fact that the defendant sent a text message as stated in Paragraph 2 of the judgment of the court below to the victim is erroneous, but the defendant merely sent a text message to the old wave by finding out the victim and did not have any intention of intimidation. In light of the situation of conversation at the time, etc., the message does not constitute a threat of harm and injury to the extent that the content of the message may cause fears to the victim.

B. The lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. In the crime of intimidation in a mistake of facts, the term "in the crime of intimidation" means the notification of harm to the extent that it may cause a person to feel a fear by viewing it generally. As such, the subjective constituent elements of the crime do not require an offender's awareness of and citing that the perpetrator knows that the perpetrator is aware of such harm and injury and actually realizes the harm that it was notified. However, if the perpetrator's speech and behavior is merely a mere emotional expression or temporary dispersion, and it is objectively evident that the perpetrator has no intention of intimidation in light of the surrounding circumstances, it cannot be recognized as a intimidation or a intimidation, but whether there was an intent of intimidation or a intimidation in the above meaning shall be determined by comprehensively considering not only the external appearance of the act, but also the surrounding circumstances such as the background leading to such act and the relation with the victim.

(See Supreme Court Decision 90Do2102 delivered on May 10, 191, etc.). In full view of the above legal principles and the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the Defendant sent text messages with the intent to inform the husband of the victim of the deterioration of the relationship with the victim, and the Defendant sent the text messages with the content as stated in paragraph (2) of the court below.