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(영문) 대구지방법원 2016.05.04 2015노2855
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the point of time of the defendant's statement, the relationship between the defendant and the victim, and the actions of the defendant, etc., the defendant's words and actions are sufficient to cause fears to people, but the court below is merely merely merely merely an emotional humiliation or temporary dispersion, and it is difficult to view it as intimidation under the recognition that the harm and injury

In light of the facts charged in this case, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Examining the evidence of this case in detail in light of the records, it is difficult to view that the court below, on the grounds stated in its reasoning, such as the statement in the facts charged by the defendant as a simple expression of emotional humiliation or temporary labor, is a threat under the awareness that the defendant's act constitutes a crime of intimidation, and it is not sufficient to recognize that the defendant's act constitutes a crime of intimidation based on the evidence, including the victim's legal statement,

In light of the above, the court below's decision of not guilty of the facts charged of this case is just, and there is no error in the misapprehension of legal principles as alleged by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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