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(영문) 서울서부지방법원 2020.10.22 2020노710
협박
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Kakao Kakao message sent by the Defendant to the victim is not merely a simple expression of powder and light, but also a threat of harm and injury in the crime of intimidation.

The judgment of the court below which acquitted the defendant on the ground that the Kakao Stockholm message sent by the defendant does not fall under the notice of harm and injury is erroneous in misconception of facts or misapprehension

Judgment

The lower court found the Defendant not guilty of the facts charged of the instant case, considering detailed reasoning for its determination.

Examining and closely examining the judgment of the court below in comparison with the records, the judgment of the court below which acquitted the defendant of the facts charged of this case on the ground that "the message sent by the defendant to the victim is merely an excessive expression of decentralization and extinction, and does not constitute a threat of harm in the crime of intimidation" is justified.

There is no error of misconception of facts or misapprehension of legal principles by public prosecutor in the judgment below.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is without merit.

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