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(영문) 서울중앙지방법원 2013.04.11 2013노500
폭력행위등처벌에관한법률위반(공동협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the facts charged in this case’s summary of the grounds for appeal, E’s statements are consistent, E’s statements are also consistent with E’s statements and part of the Defendant and C’s statements, and the Defendant’s assertion is not possible to be understood formally, the court below erred by misapprehending the facts against the rules of evidence.

2. Examining the reasoning of the judgment of the court below in light of the records of this case, in light of various circumstances acknowledged by the court below (in particular, even if the statement of the court below was made, the police did not request any assistance despite the presence of the police in the above residence when the illegal state of invasion or intimidation continues; the son of the son of the son of the son of the son of the son of the son of the son did not immediately enter his residence without taking any measures to protect her mother; and the son of the son of the son of the case was filed only after the 1 year and 5 months have passed since the son of the son of the son of the son as stated in the facts charged, it is insufficient to recognize that the evidence submitted by the prosecutor was invaded into the E residence and threatened by the E, and there is no other evidence to acknowledge this, and it is not justified in the judgment of the court below which acquitted the defendant on the ground that there is no other evidence to acknowledge this. Accordingly, the prosecutor's assertion on this is without merit.

3. According to the conclusion, the prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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