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(영문) 대전지방법원 2017.11.15 2017노828
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The intent to revoke a complaint based on the summary of the grounds for appeal is determined by comprehensively taking account of the circumstances surrounding and subsequent circumstances of the victim’s submission of a letter of withdrawal of the complaint, as well as the statement in the letter of withdrawal of the complaint and the entire process of the investigation.

shall not be deemed to exist.

Nevertheless, the lower court erred by misapprehending the fact that the victim had withdrawn a complaint and dismissed the prosecution of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On March 17, 2015, the lower court’s judgment 1) filed a complaint with the Yananannam Police Station, in order to the effect that the victim filed a complaint against the Defendant with multiple facts and facts including the instant facts charged, and that the victim filed a complaint with the Defendant.

B) On March 23, 2015, the aggrieved person filed a complaint with the Defendant with the Dong-nam Police Station of Yandong on March 17, 2015, that the Defendant restored the company’s civil petition to its original condition.

I, upon withdrawal of the complaint, cancel the complaint.

The head of the withdrawal of the complaint stated “(s)” was present and submitted at the Donannam Police Station in Yanananananan

On March 23, 2015, the police officer in charge of the Dong-dong Police Station in Yanan-dong Police Station prepared a statement protocol (cancellation of complaint) after investigating the victim on March 23, 2015.

It will not be subject to investigation by a complainant.

“The content includes the content.”

On the other hand, the signature and seal of police officer is affixed to the above statement protocol (cancellation of complaint), while the signature and seal of the victim is not affixed.

With respect to the circumstances in which the victim's signature or seal is not affixed, the police officer preparing the statement statement will finally decide whether to cancel the complaint after the victim's perusal of the statement protocol with the person related to each set and counsel after consultation with the victim.

did not affix a seal to the protocol.

“The investigation report was prepared and bound to the investigation records.”

(ii)..

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