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(영문) 대전지방법원 2021.01.13 2020노447
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the various circumstances at the time of the appeal, it is reasonable to see that the Defendant’s speech and behavior written in the facts charged is not merely an indication of emotional humiliation or temporary labor union, but also an indication of harm and injury. However, on a different premise, the court below acquitted the Defendant of the facts charged in this case, and erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion

2. The court below found the defendant not guilty of the facts charged in this case on the ground that, in light of the legal principles and circumstances as stated in its holding, the defendant's words and actions in the facts charged are merely an expression of an emotional humiliation or a temporary union and it is objectively evident that the actor's expression and actions are not merely an expression of a mere emotional humiliation or a temporary union, and they cannot be viewed as an expression of harm and injury likely to cause an objective fear. In comparison with the relevant legal principles and records, the court below found the defendant guilty of the facts charged in this case on the grounds that the behavior and actions in the facts charged by the defendant are merely merely an expression of a mere emotional humiliation or a temporary union, and it is difficult to regard it as an expression of harm and injury that may cause an objective fear. In light of the aforementioned

subsection (b) of this section.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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