beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) The Defendant reported the fact that monthly rent has been paid to the victim to the tax office, thereby allowing the victim to collect taxes.
The phrase “aftermathing ....” and it is also recognized as having notified the Defendant of the harm sufficient to arouse fear that it has been likely to cause fear.
However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.
2. In full view of the evidence indicated in the facts charged in the judgment of the court below, the court below determined that the defendant attempted to report the amount of one year out of the rent paid by the defendant to the victim on behalf of the church which actually used the victim's building on behalf of the victim as a donation used for the church. In such a case, it merely merely notifies the victim of the fact that a tax investigation on the whole of the eight-year lease of the victim's building could be conducted, and thus,
It is difficult to see the above statement as constituting intimidation because it constitutes a threat of harm sufficient to the extent that it causes fear, or it is difficult to see it as an act contrary to social norms.
Based on the judgment, the defendant was acquitted.
In addition, according to the evidence of the court below, the defendant's statement about the contents of the defendant's statement and the victim's statement is written. The victim made a tax collection by reporting to the tax office that "if the defendant does not pay 5 million won of the remaining lease deposit, the defendant paid 60,000 won of the monthly rent online, and the victim reported 720,000 won of the monthly rent and 720,000 won of the value added 10,000 won of the monthly rent between 60,000 won and 720,000 won of the value added 10,000 won of the monthly rent between 8 years.
57.60,000 won and additional taxes shall be included.