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(영문) 수원지방법원 2018.06.15 2018노483

공갈등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is a change in the victim's statement about the amount of damage (1) the victim's statement is consistently made, the defendant's statement is consistently made about the victim's passport, foreigner registration certificate, and the fact that he brought on the wall, etc. (2) the police officer was dispatched to the scene of the case by the victim's report, and there is no reason to report to the police despite the victim's absence of any damage, and ③ even if the victim did not talk to the police officer at that time, the Korean language can be understood if considering the fact that the victim was unable to deliver the victim's statement to the police officer without any damage. In light of the fact that the victim's statement was insufficient, the court below rejected the credibility of the victim's statement only, and found the defendant not guilty of this part of the facts charged, which affected the conclusion of the judgment.

B. The point of confinement: ① The victim consistently stated that “the Defendant got the victim into a room to monitor other employees, or continued to control the victim, with the victim’s attitude and sacrificing,” and ② the victim escaped from the window of the second floor of the lodging room, and entered the alleys that require approximately eight weeks’ medical treatment in the process; and in the absence of any threat, the victim committed the above act in such a situation.

In light of the fact that it is difficult to see the fact that the police station stated that “When the damaged person returned to the school, the Defendant was going to her third floor where the victimized person was the victim, and the Defendant went to the second floor when the victim went to the second floor, and at the time, the Defendant appears to have come to go to the school and the victim appears to go to go to the school,” it is difficult to reject the credibility of the victim’s statement.

The lower court found the Defendant not guilty of this part of the facts charged.