특수협박등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The defendant has not threatened the victim C with beer's disease as stated in the facts constituting the crime in the judgment below.
B. The sentence imposed by the lower court (each of the crimes of the 2018 Highest 3123 cases in the original judgment: Imprisonment with prison labor for 4 months and the remaining crimes: imprisonment with prison labor for 4 months) is too unreasonable.
2. Determination
A. 1) The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the adopted evidence. 2) In determining the credibility of the victim’s statement supporting the facts charged, the lower court’s judgment should not dismiss the credibility of the witness’s statement, i.e., evidence or third party’s statement, as well as whether the content itself conforms to the rationality, logic, morality, or rule of experience, or conforms to the witness evidence or third party’s statement in the open court after being sworn in the presence of a judge, and the appearance or attitude of the witness’s witness who is attending the witness’s statement in the witness examination protocol, such as a shotry, etc., which was difficult to record by directly observing the circumstances that were obtained by the victim’s witness and other witness’s statement are consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 201Do26315, Jun. 28, 2012; Supreme Court Decision 2015Do132715, Jun. 215, 2015).