폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The appeal by the prosecutor is dismissed.
1. The summary of the grounds for appeal (the factual error) C’s statement is following the passage of a considerable time from the time of the instant case. Considering that C made a statement contrary to objective circumstances in relation to the instant crime, the overall credibility of the statement should be recognized, as well as the overall credibility of the statement, even if C made a statement contrary to the objective circumstances in relation to the instant crime, and in light of the following: (a) the Defendant stated that he was “year gue”; (b) the Defendant was unable to repay a considerable amount of debt to the Defendant at the time; (c) reporting the Defendant’s act; and (d) the Defendant’s act was frightened; and (c) the Defendant’s act was against
The judgment of the court below which acquitted the defendant.
2. Determination
A. The amendment of indictment to the indictment is in the first instance and the following.
As seen in paragraph (1), the lower court found the Defendant not guilty of the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) as the primary charge, and added the violation of the Punishment of Violences, etc. Act as the preliminary charge.
Even if the above indictment is modified, the prosecutor's assertion of misconception of facts about the primary facts is still subject to the judgment of this court.
B. 1) The lower court’s judgment on the assertion of mistake of facts as to the primary facts charged is to the effect that the Defendant: (a) although it is recognized that the Defendant she cited kis at the time of the instant case and made the same remarks as indicated in the facts charged, the Defendant was acquitted on the grounds that it is difficult to readily conclude that the Defendant’s act was against C or threatened with C in light of the following circumstances; (b) first, C committed the same crime as indicated in the facts charged; (c) after having received a certificate of personal seal impression, etc. from the Defendant