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(영문) 광주지방법원 2018.05.31 2017노2056

협박

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant had no misunderstanding of facts against the victim D.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts and evidence duly adopted and investigated by the trial court and the court of first instance, namely, ① the victim filed a complaint immediately after the instant case; from the investigative agency to the court of first instance, the victim made a consistent and clear statement to the effect that “the Defendant expressed dynamic images of the Defendant, which contain the victim’s self-defeasion, and threatened him/her as if he/she did not reach an agreement.” ② The victim’s statement is very concrete about the Defendant’s intimidation, the contents of the Defendant’s statement, and the offender’s mind and response at the time of the victim’s accusation, and it is believed that the Defendant did not appear to have any motive for the Defendant to file a false complaint at risk of causing the risk of false accusation, and ③ the contents recorded by the Defendant and the victim at the time of the instant case conforms to the victim’s self-defasible video, and it is inconsistent with the Defendant’s assertion that the Defendant could not be seen as evidence investigation agency after the investigation agency of this case’s cell phone evidence.