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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (not guilty part) notified the victim of the harm that "knife kniff kn. knife will die. knife will die. knife. knife. knife the victim, and assault the victim by drinking it. Even if the intimidation was committed in time, time and place such as assault, it can be deemed that the threat of harm and the exercise of violence infringes on different legal interests, so it can be deemed that the threat of harm and the exercise of violence constitutes a crime of intimidation separate from the crime of assault, and thus, the court below acquitted the victim of intimidation by misunderstanding the facts or misunderstanding the legal principles.
2. Determination
A. On October 25, 2012, at around 21:40 on October 25, 2012, the Defendant found in the house of the victim D (n, 56 years of age) who was temporarily living in the past located in Gyeonggi-gun C, thereby threatening the victim to the effect that “Woo in a knife, kniff, kniff, kniff, kniff, I will die.”
B. The judgment of the court below is reasonable to view that the defendant's act of intimidation was included in the crime of assault merely because it was a single verbal abuse committed under the single criminal intent of assault, unless there are special circumstances where the defendant's act of intimidation became the same victim at the same place like the defendant's assault
(See Supreme Court Decision 76Do375 delivered on December 14, 1976) Then, on the premise that this part of the facts charged constitute cases where the crime was not committed on the ground that the opportunity for assault was only a single violent language committed under the same criminal intent, and that this part of the facts charged was only a single violent language committed under the same criminal intent.
(However, as long as it is found that the crime of assault in relation to this crime was guilty, it was not judged separately in the disposition.
According to the records of the trial, the Defendant was living together with the victim from November 201, 2010 to August 2012, 201, and the Defendant was the Defendant on October 2012.