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(영문) 서울중앙지방법원 2017.01.19 2016노4347
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) although the Defendant did not either make the same speech as the facts charged or threaten the victim by installing an elevator entrance, the lower court found the Defendant guilty of the facts charged of intimidation by misunderstanding of facts.

2. According to the evidence duly adopted and examined by the court below, in particular the victim's consistent statement, and video images of video clocks, it is recognized that the defendant made a notification of harm and injury to the elevator entrance by stating that "the defendant on board the elevator, such as the charge, opened inside the blick, spacking, spacking, and spacks," and that it is sufficient for the victim to feel a fear.

Therefore, the court below's finding the Defendant guilty of the facts charged of this case is just and there is a violation of law as alleged by the Defendant.

shall not be deemed to exist.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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