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(영문) 수원지방법원 2018.04.12 2017노6039
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant assaulted and threatened the victim as stated in the facts charged in the instant case, and the victim’s initial police testimony and the testimony of the lower court at the lower court also conforms to this.

However, the victim expected to raise a child by marriage with the defendant, reversed the statement by the police, but reversed the statement by the defendant's unexpected attitude. According to the motive that the victim reversed the statement and the Kakao Stockholm message given and received by the defendant and the victim after the prosecutor's investigation, it can be recognized that the defendant committed the same crime as stated in the facts charged in this case.

However, the court below ruled the defendant not guilty, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The court below made a statement to the effect that: (a) during the first interrogation of the suspect, the victim assaulted and threatened the victim as stated in the facts charged in the instant case; (b) during the second interrogation of the police and the first interrogation of the suspect conducted on the same day, the court below stated to the effect that the previous statement was reversed; (c) the victim attempted to injure himself/herself; and (d) the defendant was released from the window by threatening him/her to injure him/her; (d) the second interrogation of the suspect in the prosecution and the court of the court of the court below reversed his/her statement again in the second interrogation of the suspect; and (e) it is difficult to believe that the victim's statement was reversed and consistent; and (ii) the defendant tried to injure the victim with his/her intention to injure himself/herself, and got him/her out of the window by threatening him/her to injure the defendant; and (e) the victim in the court of the court of the court below asserted that the victim threatened the victim by assaulting the victim.

(b) make statements;

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