Text
The judgment below
The part of the special intimidation against H and K is reversed.
Defendant 5,000,000 won.
Reasons
1. In full view of the statements of the victims, CCTV images, and the defendant's partial statements, the court below found the defendant not guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts of the judgment, although the defendant could have used a pipe and threatened the victims.
2. Determination
A. We examine ex officio the reasons for ex officio appeal prior to the determination of the reasons for appeal.
1) On November 10, 2016, the prosecutor first prosecuted the victim E with the following facts (the part concerning the record of the crime omitted). Around November 10, 2016, the defendant threatened the victim by means of special intimidation against the victim E (the victim 57 years of age) in front of the G building located in Dongdaemun-gu Seoul, Dongdaemun-gu, with a chain of 2.2 meters in length, which is a dangerous object for the purpose of forced driving away from the above place of residence, located in the redevelopment site, in front of the G building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with a chain of 2.2 meters in length, and expressed the victim’s desire to “humping, young, and old age.”
2. On November 10, 2016, the Defendant: (a) around 01:17, the victim H and K had a pipe of 2.2 meters in length, which is a dangerous object for the victims of the J building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the aim of forced driving away from the redevelopment area; and (b) the victim H and K (V, 68 years old) had a pipe of hacks of 2.2 meters in length, which is a dangerous object for the victims of the building in front of the J building located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, with the aim of forced driving away from the redevelopment area.
The victims threatened the victims by means of lowering the glass of the above pipe, which he was in possession of the breath, “I will breath if you will breath”, of tearing tear, and breathing the above building.
2) The court below acquitted all of the above facts charged, and the prosecutor deleted Paragraph 1 of the above facts charged, and applied for the amendment of Bill of Indictment with the contents of Paragraph 2 as indicated below.
. This.