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(영문) 대법원 2016.09.28 2016도9549
공갈미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court determined that the Defendant, as stated in the criminal facts in the judgment of the first instance, had the victim or his family members suffer harm and injury, demanded the victim to pay the agreed amount, and had the victim pay it intentionally, and rejected the Defendant’s appeal as to the mistake of facts and misapprehension of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than denying the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on intimidation of crime of intimidation, the possibility of intimidation by a third party, the likelihood of intimidation by a third party’s act, the principle of trial on evidence under Article 307 of the Criminal Procedure Act, or by failing to exhaust all necessary deliberations

The Supreme Court precedents cited on the grounds of appeal are different from the instant case, and thus are inappropriate to be invoked in the instant case.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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