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(영문) 대구지방법원 2015.05.14 2014노1781 (2)
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant, in violation of the Punishment of Violences, etc. Act, has committed an attack against the victimO or sound the victim to resign from the representative office.

B. A violation of the Punishment of Violences, etc. Act (joint coercion), B did not forcibly attract the victim'sO into the S real estate office, and the defendant did not have any sound that the victim'sO sign a resignation.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below, the following circumstances are recognized.

① The victimO stated that, as consistent from an investigative agency to the court of the court of the court below, the Defendant told that he would lose his position as the representative of the owner council while putting himself sound and herself over an article.

(Investigation Records No. 4, 1377, 107 pages). (2) At the case site, R stated to the effect that it was a threat to the Defendant’s resignation of representative position in the court of original instance, and R was a threat to the Defendant’s experience.

(3) At the time of the police, K at the scene of the case stated that the Defendant and B stated that the Defendant and the victim O “I am sa, I am dysa, I am dysa, I am dysa, I am dye, I am dye, I am dye.”

(5th 1754 pages). (4) The main offender A, who was at the site of the case, stated that he was the fact that both the Defendant, B, C, D, and E, expressed to the prosecution that he would be able to resign when he wishesed to the victimO.

(5) At the time of the instant case, the Defendant asserted that he was almost aware of K as the principal offender at the time of the instant case and was not aware of other accomplices. However, even according to the Defendant’s statement, the Defendant began to attempt to perform the relevant work of the Emergency Countermeasure Committee from the end of November 2012 (No. 4 of investigation records) (No. 1186 of investigation records). At the time of the instant case, A calls at the Defendant’s home and operated by K by K.O.

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