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(영문) 대구고등법원 2016.10.27 2016노354
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution of intimidation among the facts charged in this case, and judged guilty on the remainder of the facts charged, and ordered the prosecutor to dismiss the prosecutor's request for an attachment order.

However, since only the defendant appealed against this, the dismissed part of the judgment of the court below was separated and finalized as it is, and there is no interest in appeal as to the part of the claim for attachment order, and thus, it was excluded from the object of judgment of this court notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, Etc.

Therefore, the scope of this court's judgment shall be limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The Defendant did not commit the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.), special intimidation, and confinement as follows. There was no intention to commit murder.

Nevertheless, the court below found the victim guilty on the basis of the statement of the victim without credibility. In so doing, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(1) The Defendant did not make a statement to the victim that “A person has access to the National Police Agency,” and did not have any other notification to the victim of harm and injury.

[Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.)] (2) The Defendant did not threaten the victim as stated in paragraph (3) of the criminal facts stated in the judgment of the court below. Although there was a fact that the injured party collected the cup and Byung from the main point of the victim on October 29, 2015, it was only the victim was in front of the victim at that time.

(Special Intimidation) (3) On October 29, 2015, the Defendant did not detain the victim against the will of the victim, and the victim wanted to talk at a place other than his/her house at another place, and he/she was on his/her own.

In order to lock the door of a vehicle or prevent a report, the defendant shall cellular phone of the victim.

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