Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding Defendant 1 sent to the victim content-certified mail with the same content as the instant facts charged, however, it is found that the victim did not refund part of the lease deposit to the Defendant before the Defendant, and that there was no lessee. The victim asserted that the other lessee was paid a monthly rent of three million won and claimed an excessive amount to the National Tax Service as a monthly rent, and that the victim was aware of the fact in order to oppose the demand of the other lessee as a monthly rent, and there was no intention to take money by threatening the victim, thereby affecting the conclusion of the judgment by misunderstanding the fact that the court below convicted the Defendant of the facts charged, which affected the conclusion of the judgment.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Intimidation as a means of a crime of intimidation against a defendant's assertion of misunderstanding of facts refers to the threat of harm that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making. The realization of the harm so notified does not necessarily require that it itself is unlawful. In a case where an offender demands the delivery of property or property benefits on the basis of his occupation, status, etc., and the other party does not comply with the demand, the threat of harm is a threat of harm and injury. Even if the notice of harm and injury is used as a means of realizing the right, if it is used as a means of intimidation, making the other party drink by means of intimidation, and the method of exercising the right exceeds the permissible level and the permissible scope in light of social norms, the crime of conflict is committed.