beta
(영문) 대구지방법원 2020.09.25 2019노4196

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant did not threaten the victim as stated in the facts charged, the court below erred by misunderstanding the facts about this part and by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall make an evaluation of credibility by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the statement, and the penology of the statement, which are hard to record in the witness examination protocol, after being sworn before and after the judge's oath, in order to determine the credibility of the statements made by the victim, etc. (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statements made by the witness, including the victim, are consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any separate evidence that may objectively deem the credibility of the statements made by the witness objectively and objectively, and there is no consistency in the statements made by the witness in the major part thereof (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

(See Supreme Court Decision 2007Do10728 Decided March 14, 2008, etc.). B.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant can sufficiently recognize the fact that the defendant threatened the victim as stated in the facts charged.

(1) The victim or D, from the investigative agency to the court of the court of the court below, is a transition that the defendant, in relation to whether the defendant expressed his opinion on the solar energy project, was placed on the victim and next to the victim.