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(영문) 전주지방법원 남원지원 2018.07.24 2017고단280
특수협박
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was in the internal relationship between the victim D (n, 51 years of age) and about five years of age, and that the victim was aware that the victim had met another male without his own telephone, and that the victim had met the victim on March 31, 2017, the Defendant sought the victim on March 10, 2017, as the F, working for the victim E in Namwon-si, Namwon-si around 10:00, and whether he was informed of the victim’s “hick phone” at the second-class restaurant;

If the truth is true, it has been done in this time, and if four false words are false, it has been tried to khn the knife in the knife.

“Along with the word “a dangerous object before preparation,” the paper sent out for repair of a motor vehicle ( approximately 15cm in length; hereinafter referred to as “the invoice of this case”) to the victim from the main machine, and “I can die with one another.”

It is true that we can see.

“A threat was made”.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Although the gist of the defendant's and his defense counsel's assertion was a fact that the defendant made a conversation with the victim at the time and place specified in the facts charged, there is no fact that the defendant carried the instant invoice, which is a dangerous object at the time, and there is no fact that the victim threatened.

3. Determination

A. In light of the fact that the victim consistently made a statement from the investigative agency to the investigation agency that “the defendant made a threat to the effect that he would kill himself,” and that the defendant’s vehicle discovered the transmitting site of this case and seized it, it is true that there is a doubt as to whether the defendant would not have threatened the victim, such as the facts charged.

B. However, the direct evidence of the facts charged in the instant case is the only statement of the victim’s investigative agency and this court. In light of the following circumstances revealed by the evidence duly adopted and investigated by this court, the victim’s statement can be reliable as it is.

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