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(영문) 대구지방법원 2018.06.07 2017노5473
폭력행위등처벌에관한법률위반(공동공갈)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal as follows: (a) the Defendant, together with B, was to bear the repair cost to the victim; (b) thus, the Defendant threatened the victim jointly with B and D as indicated in the facts charged.

Nevertheless, the court below rendered a judgment of innocence on the ground that this part of the facts charged constitute a case where there is no proof of crime, and there is an error of law affecting the conclusion.

2. Further to the circumstances acknowledged by the lower court, the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court, namely, ① the victim stated in the court of the lower court that “B is in conflict with B before and after the time,” and specifically stated the fact that the victim was damaged by B, while the Defendant stated that “the Defendant only saw the Defendant on his side,” “the same shall not apply to the Defendant,” “the Defendant did not make a match with that time,” and “the Defendant was not in the same atmosphere as that of the Defendant.”

D Also, “The Defendant did not state that he would pay the vehicle repair cost to the victim, and the Defendant was in a state that he would report on his match next to Ampha due to the fact that he did not go beyond.

The statement "(Evidence 67 pages)" (Evidence 67 pages), and 3 at the time of investigation by the police, there is a fact that the defendant who was on the spot had threatened F with threatening F to pay the agreed amount instead of the agreed amount.

“The Defendant was f and talked about the question “,” but did not make such a speech.

In light of the fact that “the court below found the Defendant not guilty of the facts charged in this case,” etc., the court below’s determination that found the Defendant not guilty of the facts charged in this case is justified.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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