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The defendant's appeal is dismissed.
Reasons
Summary of Reasons for appeal
A. The Defendant did not have any fluoring a fluoring with a fluoring door, and the Defendant did not make the victim make a statement identical to the description in paragraph 2 of the facts charged.
B. Even if the Defendant, by misapprehending the legal doctrine, made the victim’s remarks as stated in paragraph (2) of the facts charged, the Defendant’s act does not constitute a crime of intimidation, since it does not sufficiently express the victim’s fear.
Judgment
A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below can sufficiently recognize the fact that the defendant damaged the entrance door by generating and drinking it at the date and place specified in the facts charged, and the evidence submitted by the defendant at the trial of the party does not interfere with the above finding.
Therefore, the defendant's assertion of facts is without merit.
B. Determination as to the assertion of misunderstanding of legal principles refers to a threat of harm to the extent that a person may feel a fear, and an intentional act as a subjective constituent element of the crime refers to recognizing and citing that the perpetrator informs such a degree of harm and injury. To constitute a crime of intimidation, the content of the harm and injury so notified shall be sufficient to cause fear to a person generally 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 the notification, the degree of friendship and status between the perpetrator and the other party, and the relationship between the third party, etc., if a notice of harm and injury was given by a third party. However, it does not require the other party to feel a fear in reality, and as long as the other party perceived its meaning by notifying such harm and injury, it shall be sufficient to cause fear to the other party in reality.