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(영문) 대전지방법원 2018.05.31 2017노3100
폭력행위등처벌에관한법률위반(공동강요)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged, did not force the victim G, the director of the construction division of F Co., Ltd. (hereinafter “victim Co., Ltd.”) to employ a democratic labor force stude subdivision belonging to the department, or interfere with the business of the victim Co., Ltd.

B. The sentence of the lower court that is unfair in sentencing (an amount of four million won) is too unreasonable.

2. Determination of credibility of a confession as to the assertion of facts should be made by taking into account all the circumstances, including whether the contents of the confession are objectively rational, what is the motive or reason for the confession, what is the background leading up to the confession, and whether circumstances other than the confession do not conflict with or conflict with the confession among the circumstantial evidence (see, e.g., Supreme Court Decision 201Do6497, Jan. 27, 2012). The following facts or circumstances acknowledged in accordance with the evidence duly adopted and duly examined by the court below and the court below, namely, ① the defendant, with the assistance of counsel in the court of the court of the court below, denies the crime of this case as well as the reasons for appeal, and, as such, the defendant's confession statement that recognized his criminal act after obtaining the assistance of counsel, can not be easily rejected unless there is any explanation that the defendant would be consistent with the circumstances leading up to the reversal, and ② the victim's statement and the credibility of the evidence presented by the police as a substitute and legitimate statement of the victim.

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