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(영문) 대구고등법원 2017.08.10 2017노220
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is misunderstanding the facts of the defendant or misunderstanding the legal principles, and the F, the wife of the defendant, only called the victim at the date stated in the facts charged of this case, and there is no threat by the defendant against the victim

Nevertheless, the court below found the defendant guilty of the facts charged in this case based on the statements of the victim who is not reliable. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

In light of the various sentencing conditions in this case, the sentence sentenced by the court below (one year of imprisonment and two years of suspended execution) is too unreasonable.

In light of the various sentencing conditions in this case, the sentence imposed by the court below is too uneasible and unfair.

Judgment

As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the lower court also argued to the same effect as the Defendant alleged in this part of the grounds for appeal. The lower court, which is the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court. In other words, the circumstance of the instant case is natural; the victim’s statement is also consistent with the victim’s statement; G working at the Daegu Women’s Human Rights Center; some of the victim’s statements are inconsistent with the victim’s intellectual ability and memory index; however, the Defendant’s statement cannot be the grounds for denying the credibility of the victim’s statement in light of the fact that the victim’s testimony at the Daegu District Court 2016 High Order 653 Incident (hereinafter “related case”); and that it is difficult to believe in light of F’s testimony at investigation agencies and the lower court’s court.

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