특수협박등
Defendant
The appeal by the prosecutor is dismissed.
According to the reasoning of the appeal by the prosecutor's appeal concerning the prosecutor's appeal, according to the statement made by the victim C and L investigation agency, the defendant's act of assault on September 14, 2015 is sufficiently recognized, and even according to the victim C's legal statement, the defendant's act of assault on Sep. 14, 2015 constitutes an unlawful use of force near the body space and thus constitutes an assault. Thus, the judgment of the court below which acquitted the defendant as to the above assault constitutes an unlawful mistake of fact.
The lower court, based on each of the circumstances in the holding that the evidence duly adopted and investigated was comprehensively admitted, found that the statement made by the victim C and the witness investigation agency on September 14, 2015 of the instant facts charged was proven without reasonable doubt as to the point of self-harm on September 14, 2015.
It is difficult to see
Based on the judgment, innocence was pronounced.
In light of the following circumstances admitted based on the same evidence, the judgment of the court below is just, and the prosecutor's assertion of mistake about the facts is without merit.
(1) At the time of the investigation agency, a victim C was sprinked by a defendant with a board of planting, and followed by his/her hand floor up to be sprinked several times.
진술하였으나, 원심 법정에서는 식 판이 목에 닿지는 않았고 피고인이 식 판으로 때리는 시늉을 하였다고
was stated.
② In the lower court’s judgment, the victim C reversed the Defendant’s statement to the investigative agency on the charge of the above assault among the facts charged in the instant case. However, there seems to be no motive for the victim to specially memory or to make a statement favorable to the Defendant solely on the charge of the above assault, and there is no consistency in each of the aforementioned statements.
③ Therefore, it is difficult to believe the victim’s statement to the investigative agency or the statement of the court below in the court below as it is, and each of the above evidence alone, at the time, the defendant puts on the