The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the facts charged of mistake of facts and misapprehension of legal principles, sending text messages to the victim does not constitute a degree of intimidation by sending them for the purpose of debt collection in the course of liquidation of the relationship with the victim.

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. On July 20, 2017, around 09:17, the Defendant sent a mobile phone text message to the effect that the victim C (the 55-year-old) who had been in an internal relationship was free from contact with himself/herself, and that he/she was free from contact with him/her, and then sent a mobile phone text message to the 10th day before December 6, 2017, all of which was 10 times until December 2017, the Defendant sent text message, such as the list of crimes (1) in the attached Form of the lower judgment, and let the victim drink it. Accordingly, the lower court found the Defendant guilty of this part of the charges by comprehensively taking account of all the documents, such as the Defendant’s legal statement and the written complaint, etc.

3) In order to establish a crime of intimidation, a threat in the relevant legal doctrine refers to the threat of harm to an extent that may cause fear by a person, and a specific threat of harm to an extent that may be deemed as possible at least possible, must be made, and a threat of harm and injury has been made.

Even if the crime of intimidation is not established if it is to the extent acceptable by social norms in light of the custom and ethical concept of society, but the issue of whether there was an intentional act of intimidation or intimidation should be determined by considering the situation before and after such an act as well as the external appearance of the act, the background leading up to such act, and the relationship with the victim.

b) the Commission;