Text
The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, the court below rejected the public prosecution of this case on the ground that the defendant stated that he/she did not want to be punished on May 19, 2015, the crime of intimidation, which is a crime of non-criminal punishment, before the prosecution of this case is instituted and submitted, on June 18, 2015, although the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. On January 2015, at around 22:00, the summary of the facts charged, the Defendant: (a) committed an act that, in contrast to the Defendant’s opinion, the victim E (man, 52 years old) who is a dangerous object (fence x 160cm x 110cm x 60cm x 60cm x ) followed the victim’s body by holding a meeting with 15 members of the reported room located in Gwangju-si located in Gwangju-si. In response to the Defendant’s opinion, the Defendant committed an act that would inflict any injury on the victim’s body by gathering 15 members of the reported room located in Gwangju-si.
Accordingly, the defendant carried dangerous objects and threatened the victim.
B. The lower court determined that the goods generally constitute “hazardous goods” ought to be determined depending on whether the other party or a third party could cause harm to his/her life or body when using the goods in light of social norms in a specific case. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the name of the instant depositary at least one meter per horizontal and vertical length, and formed them as trees, which can be seen ordinarily in singing, and the Defendant was not displayed by the instant depositary, and the victim also appears to have not been perceived as dangerous goods for the said consignee (the page 15 page of the investigation record), and the table table at the time.