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(영문) 제주지방법원 2020.10.22 2019노982

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although there are objective evidence to support the credibility of the victim's statements, such as the victim's statements and 112 reported statements are specific and consistent, and the victim's statements are consistent, the court below rejected the credibility of the victim's statements and acquitted the victim of the facts charged in this case. The court below erred in the misapprehension of legal principles and misunderstanding of legal principles.

2. Determination

A. The prosecutor who is not guilty of the facts charged in this case shall be the primary facts charged, and the following shall be the prosecutor who Amendments to Bill of Indictment.

C. (1) An application for the amendment of the indictment to add the ancillary charges as stated in paragraph (1) was filed, and this court permitted it to change the subject of the judgment. However, since the prosecutor’s assertion of misunderstanding of facts and misapprehension of the legal principles on the primary facts is still subject to the judgment of this court, I first examine them, and then examine the ancillary facts. (b) The court below’s determination on the ground of misunderstanding of facts and misapprehension of the legal principles as to the primary facts is as follows. (3) The court below did not hear at all the fact that the enforcement officer and clerical staff members, such as the defendant and the victim, at the time of the judgment of the court below, read “the victim would knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.