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(영문) 서울남부지방법원 2018.06.22 2017노1448
공갈
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not make the victim feel the same remarks as the facts charged, and did not see, or did not see, e.g., the books and chairs.

B. The sentence of the lower court (for a period of four months of imprisonment and two years of suspended execution) is too heavy or (for a period of two years), and (for a period of two years of suspended execution), it is too heavy and (for a prosecutor).

2. Determination

가. 사실 오인 주장에 대한 판단( 피고인) 살피건대, 원심이 적법하게 채택하여 조사한 증거들을 종합하여 인정되는 다음의 여러 사정들 즉, ① 피해자 D은 경찰 이래 원심 법정에 이르기까지 일관되게 ‘ 피고인이 공소사실과 같이 말하였고 책상과 의자를 발로 찼으며 욕설을 하였다’ 는 취지로 단호하게 진술하고 있고 특히 직접 경험하지 않고서는 하기 힘든 것으로 보이는 피고인이 당시 한 말과 행동, 주위의 상황 등을 구체적으로 기억하여 진술하고 있어 그 진술에 신빙성이 있다고

(2) The Do police does not have to pay the service cost when the defendant entered the building on November 20, 2015, and 4 employees and takes a bath for the interest of the Do police.

In addition, the defendant was asked at any time to make money to the victim after reporting the employees and making it possible to make the money.

From November 13, 2015, the Defendant made a statement to the Fmm G, stating that he was provoking of Fm G from time to time, and that the police and the prosecution could not be held without permission. In the court of original instance, the Defendant stated in the court of original instance that “the service staff, who the Defendant was carrying out, judged that he was frighting,” and stated in a part of the victim’s statement in compliance with the victim’s statement. ③ J (a person who exercised the right of retention in the building in its holding), also stated in the court of original instance that “the Defendant was bombly fright even in the ordinary peace.”

H Studal wal-walking is a person involved in the case, and the police and the prosecution shall not leave without permission.

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