The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is acknowledged that the defendant loaded a vehicle on board several occasions, and that the defendant left the vehicle on board. In light of the degree of the closeness of the defendant and the victim, the degree of the type of force the defendant exercised, etc., this constitutes a crime of assault by constituting the exercise of force against the victim

Even if the defendant does not constitute a crime of assault, the above act of the defendant constitutes a threat of harm and injury caused by the Dong, so the court below should have recognized ex officio the crime of intimidation against the defendant.

Nevertheless, the court below found the Defendant not guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. We examine ex officio prior to the judgment on the grounds for appeal by the ex officio judgment prosecutor.

A prosecutor shall maintain the previous facts charged which the court below found not guilty as the primary facts charged, and the name of the crime in the preliminary case shall be "Intimidation", "Article 283 (1) of the Criminal Act", "Article 283 (1) of the Criminal Act", and applied for the amendment to Bill of Indictment adding the facts charged to the same contents as the entry in the Preliminary Facts as stated in the Preliminary

However, as examined below, the court below found the Defendant not guilty of the assault, which is the primary facts charged, and found the Defendant guilty of intimidation, which is the primary facts charged, so the judgment of the court below cannot be maintained any more.

On the other hand, notwithstanding the above reasons for ex officio destruction, the prosecutor's assertion of mistake of facts as to the primary facts charged is still subject to the judgment of this court. Accordingly, the prosecutor's above assertion and the ancillary facts added by this court will be examined in order.

3. Judgment on the prosecutor's assertion

A. Judgment on the primary charges is based on the facts charged.