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(영문) 수원지방법원 2016.10.06 2016노5393
특수존속협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of committing the instant crime, citing the kitchen knife and did not threaten the victim D, his mother.

The victim was under the influence of alcohol at the time of committing the instant crime, and thus, there is no credibility in the victim’s statement made by the investigative agency to the effect that the victim threatened the victim, and the victim was present at the court of original instance as a witness and reversed the above statement made by the investigative agency.

In addition, police officers E, who made a statement consistent with the facts charged, is not a person directly witnessed to the crime of this case, but merely transfer the situation at the time from the victim.

Therefore, the judgment of the court below which found the defendant guilty on this part of the facts charged without proof of criminal facts is erroneous in the misapprehension of facts.

B) At the time of committing the instant crime, the Defendant still remains under confinement: (a) the mother her mother her mother her mother her mother her free will to lock; (b) however, this was obstructed by the Defendant’s computer work and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

Since the defendant was not the defendant but D at the time of committing the crime of intimidation for special existence, the defendant sent correspondence to D or interview D, the above facts are found to D.

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