beta
(영문) 광주지방법원 2020.12.17 2020노523

협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, the judgment of the court below which rendered the verdict of innocence on the ground that the defendant could not recognize the fact that the defendant threatened the victims, as shown in the facts charged, cannot be recognized.

2. In full view of the facts charged, the lower court found D’s statements made at the investigative agency of D, E, F, and G, and testimony made at the court of the lower court, etc. as well as two men in order to receive money from D, and found D’s children in a wedding hall where the Defendant’s behavior shown in the CCTV image of the above wedding hall, the Defendant’s joint and several surety from E and F for the Defendant to pay D’s debt (hereinafter “instant letter”), etc., the lower court found the Defendant to have demanded D, E, and F to repay debt and aggressive speech, but in full view of the following circumstances, it was difficult to readily conclude that the Defendant was threatened with D, E, F, and G’s statement because it was difficult to believe as it was, and there was no other evidence to acknowledge it.

On March 29, 2019, the Kakao messages sent to the Defendant by F on March 29, 2019, the 13th day of the instant case, the F determined that the Defendant was guilty of having committed a crime against this part of the damage due to its mother D, and that the F sent KRW 1,00,000 to the end of every month, and paid KRW 10,000 on every 10,000 on every 13th day, and that the intermediate money will be additionally paid if any money happens.

B. D testified that the above Kakakao Stockholm message was given that F had the same talk at the time it was playing.

D However, how the F would not give testimony to the open location, and the message of the Kakakao was sent after 13 days or more from the instant case, and the F was sufficiently before and after the lapse of 13 days from the instant case.