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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The grounds for appeal by the prosecutor (the factual errors and the misapprehension of legal principles) are as follows: (a) the Defendant was not guilty of the Defendant, even though it was proved without reasonable doubt, by misapprehending the legal principles on the facts or by misapprehending the legal principles, that the Defendant was at night at the time when he was a healthy male who was 29 years old and was under the influence of drinking at a place where the Defendant and the victim only are two years old; and (b) the Defendant made the same remarks as stated in the facts charged while breathing the victim’s severe humiliation.
2. Determination
A. The lower court’s judgment determined that the Defendant’s expression to the effect that “to throw away bamboo” is merely a part of the emotional abusives performed by the Defendant under the influence of alcohol, and constitutes intimidation as a threat of harm to the extent that such expression may generally cause fear to the general public.
The defendant was acquitted on the ground that there is no evidence to prove that the defendant had the intention of intimidation.
B. In order to establish a crime of intimidation of relevant legal principles, the content of the harm notified must be sufficient to cause fear to a person in light of various circumstances before and after the act, such as the relation between the perpetrator and the other party, surrounding circumstances at the time of notification, the relationship between the perpetrator and the other party, etc., and the relationship between the third party and the third party, if the harm was notified by the third party, etc., which is included or proposed in the notification, and it does not require the other party to feel feel realistically. However, as long as the other party perceived its meaning by notifying the harm to such an extent, the elements of the crime of intimidation are satisfied, regardless of whether the other party realistically raised fear, and the crime of intimidation are completed.