특수협박
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant possessed the gas gun of this case at the time of the instant case, but there was no fact that the Defendant aided and threatened the victim’s face, such as as stated in the facts charged.
Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2. In full view of the following circumstances acknowledged by the lower court’s duly admitted and the evidence and the evidence, namely, the victim’s statements in the investigative agency and the court of the lower court, which correspond to the facts charged, can be recognized as having threatened the victim in the same manner as the facts charged at the time and place indicated in the facts charged, so the lower court’s judgment convicting the Defendant of the facts charged of the instant case is just, and there is no error of law by misunderstanding the facts and affecting the conclusion of the judgment, as alleged by the Defendant.
Therefore, we cannot accept the defendant's assertion of mistake.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.