State v. Joon Bum Ko

Defendant appeals from a judgment of conviction of three counts of violating a court’s stalking protective order (SPO), ORS 163.750. Defendant assigns error to the denial of his motion for a judgment of acquittal on Count 3 and the failure to give a requested jury instruction on Counts 2 and 4. Because the statement at issue did not constitute an unequivocal threat that would instill a fear of imminent, serious violence, we reverse as to Count 3. We affirm as to Counts 2 and 4 because defendant was not entitled to the requested instruction.

Defendant was charged in this case with four counts…