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(영문) 의정부지방법원 고양지원 2014.04.16 2013고정930 (1)
협박등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On December 28, 201, at around 16:00 on December 28, 201, the injured Defendant: (a) at the D Trade Union office located in Jongno-gu Seoul Metropolitan Government C Building 300, the victim was able to walk the victim’s chest due to the birth of a bar while disputing the above trade union’s assembly with the victim E (the age of 52).

As a result, the Defendant inflicted injury on the injured party, such as the wife, etc. that caused a hole in which the number of days of treatment can not be known.

나. 협박 피고인은 제1항 기재 일시, 장소에서 위와 같이 폭행을 한 후 피해자에게 “멀쩡한 다리 하나마저 끊어버려서 아주 병신새끼를 만들어 줄까 이 새끼야”, “저런 병신 새끼를 아주 죽여버릴까 보다”라고 말을 하며 피해자의 신체에 어떤 위해를 가할 듯한 태도를 보여 피해자를 협박하였다.

2. In a criminal trial, the burden of proof for the facts constituting the offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

There are statements in the E, F and G investigative agencies and courts, statements in H's investigative agencies, and damaged photographs, as shown in the facts charged.

However, H, in this court, stated that he did not reverse the statement made by the investigative agency and that the defendant did not use violence against E, and provided a relatively detailed explanation as to the background leading up to the reversal of the statement. While I, J, and K at the present site of this case were in dispute between the defendant and E, there was no fact that the defendant used violence or intimidation against E, such as the facts charged.

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