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(영문) 대구지방법원 2020.01.16 2019노1952
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal (legal scenarios) reveals that the Defendant committed a misunderstanding to the victim, and consistently stated to the effect that the victim spawned by the Defendant’s behavior from the investigation stage to the original trial. In light of the fact that the above act of the Defendant constitutes intimidation by using dangerous things.

Nevertheless, the court below erred by misapprehending the legal principles and thereby adversely affecting the judgment.

2. Determination

A. The summary of the facts charged is between the Defendant and the victim B ( South and 42 years old).

At around 20:00 on November 22, 2015, the Defendant expressed the same attitude as to the victim’s psychological stability if the victim repeats the same act by putting a galle of the fraudulent material, which is a dangerous object, into the direction of the ward where the victim was seated, on the grounds that the Defendant and the victim’s house located in Daegu Seo-gu C apartment, Daegu Seo-gu, and D, and the victim’s house did not live.

B. The lower court determined that the Defendant was aware of the fact that he broken down a glar of the fraud material that the Defendant was placed in a scam without standing, leading to a ward. However, the lower court determined that: (a) it was reasonable at the time the distance between the Defendant and the victim was reasonable; and (b) the galle was not close to the distance between the point where the galle was broken away from the floor and the victim; and (c) the galle was sp

Even if it is difficult to see that the Defendant intended to do so, ② The Defendant directly string out the string of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings, ③ the strings of the strings of the strings of the strings of the strings of the strings,

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