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(영문) 전주지방법원 2018.08.10 2018노700
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The victims of the summary of the grounds for appeal have consistently made statements concerning the main part of the facts charged, which may be reliable.

Nevertheless, the judgment of the court below which acquitted the defendant on the grounds that the victims' statements cannot be trusted is erroneous.

2. On November 28, 2016, the Defendant: (a) sought a view from the view of the view of the view that the Defendant was a dangerous object in the residence of the victim D (70 tax) and the victim E (67 years of age) in order to demand the payment of the amount that he lent to the victim E, who is the wife of the victim D; and (b) the victim D entered our house.

“The victim E who was in the room shall be prevented from doing so, and the victim E shall be out of the room “the low-year period;

At least two death shall be discarded.

“The victims who had been in possession of the camping net were threatened by the victims.”

3. Determination

A. In full view of the following circumstances, the lower court’s judgment: (a) based on the comprehensive review of the adopted evidence, it is difficult to believe the victims’ statements as they are; and (b) the remaining evidence submitted by the prosecutor alone was proven to the extent that there is no reasonable doubt on the facts charged.

Considering that it cannot be seen, the defendant was acquitted.

(1) The victims, at the investigative agency and the court below, reported the victims E to the victim, and the defendant died and discarded the victim E, and the victim E was in excess of the room.

On the other hand, while the defendant stated in the investigative agency and the court below, he possessed an open room and there is a fact between the parties' house, but he will die and throw away the victims.

It is true that there was no fact that the camping net was displayed, and that the victim E was not seen at the time.

The statements are consistently made.

(2) On November 28, 2016, when the instant case occurred, the Defendant went to the victims’ house on November 28, 2016, and went to the victim’s house, and to the right of the victim’s house.

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