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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2019.05.30 2018노3184
특수협박등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, although the court below acquitted the defendant of this part of the charges, although it could sufficiently recognize the fact that the defendant threatened the victim by taking the knife, which is a dangerous object, as the victim knife in the machine, as the victim knife knife knife knife.

2. Determination

가. 이 부분 공소사실의 요지 피고인은 2017. 9. 17. 06:50경 여수시 E에 있는, 피해자 C의 집에 찾아가 “사기꾼! B 나와!”라고 고함을 지르면서 대문을 차고, 피해자가 대문을 열어주자 마당으로 들어와 종이에 싸서 들고 온 위험한 물건인 회칼(길이 미상)을 주머니에서 꺼내 피해자를 향해 수회 찌를 듯이 하여 피해자를 협박하였다.

B. The lower court found the Defendant not guilty of this part of the facts charged on the ground that each of the above victims’ statements is difficult to believe, and the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, in light of the following circumstances, etc., although the victim’s statements were made in this legal investigation agency with respect to the evidence as shown in this part of the facts charged, and the evidence presented by the prosecutor was comprehensively admitted

1. The victim stated in the police and this court that the defendant taken the knife into the inner knife and then put the back knife into the back knife.

However, the victim also stated that the length of the knife is from 25 cm to 30 cm. The knife of the length seems not to enter the inner part of the knife or the back part of knife.

② While the victim made a statement from the police to put a mobile phone into the bar, the victim did not possess a mobile phone at this court, and reconsipated the statement by entering the house to keep evidence.

The statements of the victim are not only consistent but also consistent.

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