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The prosecutor's appeal is dismissed.
Reasons
1. The court below found the Defendant guilty of the facts charged in this case, in view of the following: (a) the Defendant, who was not aware of the gist of the grounds for appeal, expressed a desire to the victim several times by telephone; and (b) the victim’s fears and insults together; (c) however, the court below erred by misapprehending the legal principles as to the crime of intimidation
2. Determination
A. The Defendant in the instant charges is a person who engages in crowdfunding business.
At around 21:00 on September 21, 2012, the Defendant took a bath on the ground that D(43 years of age) who filed a complaint against the Defendant via telephone within 207 dong 3101, 207, 3101 of the Busan Northern apartment (hereinafter referred to as “the Defendant”) calls to the Defendant and calls to resist the defective construction of apartment.” However, the Defendant made a intimidation on the following grounds: (a) whether the Defendant was satisfy, satched, satched, satched, and satched.
B. In full view of the evidence duly admitted and investigated by the lower court, the lower court consistently stated that ① resisting the construction work of fakes that the Defendant had first been suffering from telephone from the complainants who did not know, the Defendant did not have an intention to intimidation while under the influence of alcohol; ② the Defendant was under the influence of alcohol, and the Defendant respondeded to the following: “I ambri, I ambri, I ambri, I am soon?? I ambri, I am? I am soon? I am? I am? I am? I am? I am now now? I am? I am? I am? I am? I am? I am now now I am now? In light of the above response attitude of the complainants, the complainant appears to have caused insult rather than fears in the Defendant’s abusive and verbal abuse; ④ In light of the relationship between the Defendant and the complainants, the overall contents of conversation, and the motive, circumstance, etc. of the Defendant’s verbal abuse, the victim’s simple expression or detailed expression of the facts.