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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence presented by the Prosecutor’s summary of the grounds for appeal, in particular, the images taken on the boom box of the victim’s vehicle and the statements by the victim, it is recognized that the Defendant: (a) took the window of the victim’s vehicle as indicated in the facts charged in the instant case; and (b) taking account of the developments leading up to the occurrence of the instant case, the relationship between the Defendant and the victim, etc., it is sufficient to generally cause fear to a person.
Nevertheless, the court below found the defendant not guilty, and there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. On September 21, 2018, the Defendant: (a) around 18:20 on September 21, 2018, the summary of the facts charged in the instant case: (b) on the ground that the victim D (the age of 39) who followed the Defendant’s vehicle while driving the Cirl vehicle on the left-hand side of the Busan Shipping Daegu department department B department store, led the Defendant to walk up the vehicle on the road; (c) while driving the vehicle on the road; and (d) took the victim’s vehicle,
Then, the Defendant: (a) sent a cell phone glass door to a cell phone, and (b) threatened the victim by moving the front door to a cell phone, and (c) intending to open the front door to a cell phone, and by threatening the victim.
B. The lower court determined that: (a) the case was a road near the crosswalk where many people use the place where the case occurred; (b) the Defendant went to the victim to ask for the victim by following the reasons for harming him/her; and (c) the victim took any action to ask him/her; (d) it is difficult to deem that there was a specific threat of harm and injury to the victim’s life, body, etc.; (c) the Defendant took a bath to the victim by explaining the situation to his/her behavior; and (d) the victim also appears to have gone through the process of explaining the situation.