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The judgment below
The special intimidation shall be reversed.
The case is remanded to the District Court for the sole purpose of this case.
Reasons
The lower court rendered a judgment dismissing all the facts charged in the instant case.
Since only the prosecutor appealed the part of special intimidation on the ground of mistake of facts or misapprehension of legal principles and the remaining part of the dismissal of prosecution is separated or finalized as it is, the remaining part of the dismissal of prosecution shall be excluded from the scope of the judgment in this Court.
Summary of Grounds for Appeal
The victim consistently made a statement from the time when the police report was made to the court of original trial to the time when the defendant puts a threat to “defluence” and reversed the above statement in the court of original trial after agreement with the defendant, but the victim issued a summary order on perjury with respect to the original testimony reversed, and the victim stated in the court of original instance that “the defendant was issued a summary order with respect to perjury during work, but did not pose a threat to the victim.” However, in the prosecutor’s investigation after that, “the defendant was fluord by gathering the fluor where the defendant was placed on the floor of the workplace, and fluorily fluordly fluordly fly flusing his chest, and fluordddly fly fluorddddddddddddd sing sing the victim’s hair at 1 to 6 times by leaving his head.” In light of the above credibility of the victim’s above statement in the court of original instance, the victim’s flut the victim’s body.
Nevertheless, the court below acquitted the charged facts of special intimidation, and the court below erred in misunderstanding of facts or misunderstanding of legal principles.
Judgment on the misconception of facts and misapprehension of legal principles by prosecutors
A. Articles 284 and 283(1) of the Criminal Act provide that a person who, carrying dangerous articles, threatens another person shall be punished for special intimidation.