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(영문) 창원지방법원 2020.11.19 2020노1221

특수협박

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

There is no enemy who embarrassates the victim with excessive use of it, or embarrassates the victim's visit to the victim, and threatens the defendant.

The court below found the defendant guilty on the facts charged of this case. The court below erred by misapprehending the facts.

2. Determination

A. On April 19, 2018, at around 20:50 on the part of the Defendant: (a) the victim C (the 56-year-old age), who had been aware of the usual food, and the victim, who had a dispute with D while drinking with D while drinking with D, he was in his mind, stated that the victim stated that “I am about why you will do so, so much?? I am you do so, too too? I am? I am you am? I am you am? I am you am? I am you am? I am you am you am you am you am you am you am you am you am you am you am we am you am you am we am you am we am we am we am we am we am we am we am we am you am you am you am you am at the kitchen, and am you am you am at the kitchen.”

Accordingly, the suspect carried the excessive amount of dangerous objects and threatened the victim.

B. The summary of the judgment of the court below is that the victim's statement is specific and consistent with the main part, D entered the D's kitchen after the defendant had a dispute with the victim, and entered D's kitchen.

B. In addition, the Defendant stated that he was the victim due to a large interest in the party, and the Defendant also took a knife in the prosecutor’s investigation, and the other party could have been threatened. In full view of the fact that the Defendant stated to the effect that he was threatened, and found the Defendant guilty of the facts charged of the instant case that the Defendant threatened the victim.

(c).