The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (the factual error) states that the victim consistently expressed that he would be "to satisfing by killing the victim" as shown in the facts charged, and considering the fact that the victim, alone, was in the process related to the mass field business against the neighboring residents, including the defendant, at the time of the instant case, was in the situation where the victim could feel sufficient fear of fear of fear. The court below acquitted the defendant even though the crime of intimidation was recognized. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. The facts charged and the judgment of the court below

A. At around 12:40 on December 4, 201, the Defendant: (a) reported to 112 the victim D (year 46) at the entrance of the site site development site for the Yangyang Station project at Seosan-si, Dasan-si, on the ground that the fertilizers loaded on the farm road interfered with the construction; (b) the police officer dispatched to the site at the site confirmed the fertilizers loaded on the road and demanded the victim to talk with or take measures against the victim; and (c) the Defendant, after getting out of the said vehicle at the construction site and having arrived at the vehicle, threatened the victim of the work related to the said construction by stating that “I will not leave only one fertilizer abandoned on the road. I will die.”

B. The lower court determined that ① the police officer, who was dispatched to the site at the time, appeared as a witness in this court and knew the Defendant of the reported fact to the victim.

The defendant stated that he did not take any measure such as moving fertilizers or moving to a fertilizer, and there is no other material to deem that the defendant was aware of the fact of the victim's report, and there is no retaliation against the victim's report that may be deemed the motive of the defendant's crime.