(영문) 창원지방법원 2014.10.22 2014노1056 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.10.22 2014노1056

특수협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the statements of victim E and the statement of police officer F who examined witness G, the gist of the grounds for appeal, the defendant knife and the facts of intimidation can be acknowledged as stated in the facts charged.

Therefore, the judgment of the court below which acquitted the defendant as not guilty is erroneous, which affected the conclusion of the judgment.

2. The Defendant denies the facts charged that there was no consistent threat of E from the investigative agency to the court of the first instance, and there is a statement of police officer F and a report of internal investigation (hereinafter referred to as “compacting statement”) that, as evidence consistent with the facts charged in the instant case, the Defendant denied the facts charged that he had consistently threatened E from the investigative agency to the court of the first instance.

The internal investigation report (for the hearing of a statement from the counter party of a studio) is inadmissible as evidence because the defendant agrees to the hearing as evidence.

In addition, E and F’s statements are insufficient in full view of the following: (i) according to the report on the occurrence of the police on the day of the instant case and the report processing list of 112 reported cases, the police sent out to the site after receiving a report that the Defendant was her draft, and E had already left the site; (ii) there was no knife that the Defendant was in possession of the Defendant; and (iii) E and E, a witness, were investigated as a crime of bodily injury to the Defendant, and they were stated as a assault of the Defendant’s knife first.

Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged of this case, and there is no other evidence to acknowledge it.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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