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(영문) 제주지방법원 2018.04.26 2017노523
협박
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal is that, considering the circumstance and contents of sending the instant text message to D, the Defendant was sufficient to cause D to feel fear. However, the lower court erred by misapprehending the legal doctrine or thereby adversely affecting the conclusion of the judgment.

However, the following circumstances recognized by the records of this case, that is, some of the instant text messages, written in the facts charged, are likely to lead not only to the families of vinsins but also to the honor of vinsins.

“Is you will not wre? Is you will not wre? However Is you will be a great string not only in home but also in honor if Isatis.

In light of the fact that it is unclear whether the Defendant would disclose information unfavorable to D, the lower court is justifiable to have acquitted the Defendant on the ground that the instant text messages could not be deemed as having notified D sufficient harm to the extent that they cause fears, the evidence presented by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it. In so doing, the lower court did not err by misapprehending the legal doctrine or misapprehending the legal doctrine as alleged by the prosecutor.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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