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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Comprehensively taking account of the victim’s statement, recording book, the defendant’s fact that he was sentenced to a fine by threatening the victim in the same manner even before, and the fact that the crime stated in the facts charged of this case is not irrelevant to the case sentenced to the above fine, etc., the defendant may recognize the fact that the defendant made phone calls more than 12 times to the victim to cause fears or apprehensions.
Therefore, the judgment of the court below that acquitted the facts charged of this case is erroneous.
Judgment
The additional prosecutor of the ancillary facts charged is the primary facts charged for the trial, and the name of the crime is "Intimidation", and Article 283(1) of the Criminal Act and Article 334(1) of the Criminal Procedure Act are applicable to the applicable provisions of the Act, and the charged facts are followed.
An application for amendment to a bill of indictment was made by adding the same contents as mentioned in Paragraph 1, and the scope of the trial was changed according to this court’s permission. However, since the prosecutor’s assertion of misconception of facts about the primary facts is still subject to the trial of this court, the main point of the judgment of the grounds for appeal by the prosecutor is not to repeatedly reach the other party any code, words, sound, image, or image that may cause fear or apprehension through an information and communications network. On January 30, 2012, the Defendant shall not repeatedly reach the other party through an information and communications network. On January 30, 2012, at the Defendant’s home of the Defendant, the mobile phone (E phone) used by the victim D at the victim’s home (hereinafter “the head of the front door kbbbbb) and “the head of the kbbbbbb sk bom bom, a fine of KRW 2 million from 100,000 to 200,00.