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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
Despite the fact that A abused the victim E, the lower court acquitted the Defendant A of the fact by misunderstanding the facts or misapprehending the legal doctrine, and thus, found Defendant B of the content that Defendant B notified to E was sufficient to arouse fear, thereby constituting a crime of intimidation. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby acquitted Defendant B
Judgment
The court below found Defendant A not guilty on the ground that there is no evidence to acknowledge the fact of assault by Defendant A solely based on the witness E’s legal statement of the court below, and the statement that Defendant A was assaulted by Defendant E among the witness F’s legal statement of the court below, cannot be used as evidence pursuant to Article 316(2) of the Criminal Procedure Act.
In addition, the court below found Defendant B not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to recognize that Defendant B was given a notice of harm and injury to the extent that he could feel feel realistically, and that there was no other evidence to acknowledge the Defendant B’s intimidation, in light of the following: (a) before the date of the facts charged, E continued to take a trial cost and damage his property; and (b) E took a bath to the date of the facts charged, Defendant B took a bath, and Defendant B took a bath to the facts charged; and (c) thereafter, E continues to take a bath, and e continues to take a bath, and it is insufficient to recognize that there was no other evidence to acknowledge the Defendant B’s intimidation.
Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the judgment is just and acceptable, and there is no error of law by misunderstanding facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.