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(영문) 서울중앙지방법원 2017.04.27 2017노124
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Defendant’s act of the gist of the grounds for appeal constitutes intimidation as an act sufficient to arouse fears to the victim, and there was an intention to harm the Defendant.

2. The lower court, based on the evidence presented by the prosecutor, perceived that the Defendant’s act constitutes sufficient fears required to establish the crime of intimidation, or that the Defendant’s act was aware of the harm and injury to the Defendant.

For reasons that it is difficult to recognize the defendant, the defendant was acquitted.

Examining the evidence of this case, the above judgment of the court below is just, and there is no error in the misapprehension of facts alleged by the prosecutor.

3. The appeal by the prosecutor of the conclusion is dismissed on the grounds that the appeal is without merit. It is so decided as per Disposition.

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