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(영문) 의정부지방법원 2015.10.21 2015노192

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant, while taking the victim’s desire to do so, did not immediately take the dives of the dives of the dives and dives of the dives and dives of the dives of the dives, and did not pose a threat to the victim as they did not pose a threat to the victim, and did not notify the victim of the harm that may cause fear.

Nevertheless, the judgment of the court below that found the defendant guilty on the basis of the victim's statement without credibility is erroneous in the misapprehension of legal principles.

2. The following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and examined by the court below:

A. The victim consistently stated in the police and the court of the court below that "the defendant stated that "I wish to die or to die," along with the bath theory, and that "I would like to write off the same Raber by taking the head above, and at that time the father of the defendant stopped his actions," and that the defendant stated significantly and specifically in the situation before and after the crime (the investigation record No. 24, the trial record No. 31);

B. The Defendant’s birth F also made a statement in the court of the court below that “at the time when the Defendant was able to repair the drones, which was used at the time, was brought to the end, and subsequently took a bath thereafter,” to the effect that some of the facts charged were complied with (the trial record 46, 48 pages);

C. The witness J also made a statement consistent with the victim’s statement prior to the purport that “The defendant had come to a kymal tool and told her to be known to him. The father of the defendant actively told the defendant.”

D. Since the distance between the Defendant and the victim was considerably close to 1 to 2 meters (such as 50 pages of trial records, etc.), even if the Defendant got Durber away from his father’s detention, the Defendant’s horses and actions are the notice of harm and injury under social norms.