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(영문) 대구고등법원 2017.07.20 2017노149
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The court below dismissed the charge of insult among the facts charged in this case, acquitted the charge of coercion, and convicted the remainder of the facts charged.

In regard to this, the Defendant appealed against the guilty portion of the judgment below, and the prosecutor stated in the petition of appeal that the scope of the appeal is “wholly”. However, the petition of appeal and the grounds of appeal contain only unfair sentencing and misapprehension of the legal principles as to the acquittal portion among the judgment below, but do not contain any grounds for appeal as to the dismissal portion of

Therefore, it is reasonable to view that the dismissal part of the judgment below among the judgment below is separate and finalized as it is because the defendant and the prosecutor did not appeal. Therefore, the scope of this court’s judgment is limited to the guilty part

The decision of the court below (two years and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

In light of the public prosecutor’s mistake and misunderstanding of the legal principles (non-guilty part), a protocol in which the judicial police officer stated the victim’s statement is consistent and specific, as well as consistent and consistent with the victim’s statement, and thus, it is reliable. Thus, even if a victim cannot make a statement on the trial date due to uncertainty of his/her whereabouts, it is admissible not only in accordance with Article 314 of the Criminal Procedure Act, but also in credibility.

Nevertheless, the judgment of the court below which acquitted the victim and the AM on the ground that the statement protocol prepared by the judicial police officer is not admissible or has no probative value, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

As to the prosecutor's assertion of mistake of facts and misapprehension of the legal principles, the summary of this part of the facts charged is AL at the AK house located in the AJ of Daegu-gu, Daegu-gu, around August 2015.

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