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(영문) 대구지방법원 2016.12.08 2016노2622
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the victim was present at the police immediately after the case and clearly stated the facts that the victim was damaged by the defendant; and (b) the victim was exposed to the awareness that the defendant was threatened to the threat and taken photographs, the victim has credibility in the statement made at the investigative agency; and (c) there

Since then, it seems that the victim's statement was reversed by the defendant's reply.

Therefore, in full view of the statements of investigation agencies of specific and reliable victims, even though the facts charged in this case can be fully recognized, the lower court which acquitted the Defendant, erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

2. The Defendant is the victim C (the age of 82 and the nationality of Taiwan) of the facts charged in this case.

On July 4, 2015, at around 00:42, the Defendant, while drinking and gathering things from the Defendant’s house located in the Daegu Suwon-gu D, and, on the other hand, she saw the victim as “her old live,” and she saw the victim as a dangerous object that the victim was in the main place of the defect, she described as “if she gets in, she would have come in, her only if she she would have come in,” and took the attitude that she would inflict harm on the victim’s body by placing the victim on the victim.

Accordingly, the defendant carried a food that is a dangerous object and threatened the victim.

3. Determination

A. As evidence consistent with the facts charged in the instant case, the victim C and E, who is the father of the victim, make a statement in the police respectively.

However, the victim appeared as a witness in the court and tried to use the knife and knife his knife. However, the victim tried to use the knife and knife his knife in the investigative agency with his mind, and reversed his statement while she testified that his mind knife is amusement.

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