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(영문) 청주지방법원 2013.11.08 2013노562
공갈등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s punishment (crimes Nos. 1, 2, and 3 in the original judgment: Imprisonment with prison labor for one year, and crimes No. 4 in the decision of the original court: Fines 1,500,000, and confiscation) is too unreasonable.

B. Prosecutor 1) Of the facts charged in this case’s assertion of misunderstanding of facts, the police’s statement of the victim Q Q as the original person died and was made under particularly reliable circumstances at the time of the investigation into the statement. As such, the admissibility of evidence is recognized since the court below erred by misunderstanding the fact that the court below acquitted the Defendant of each of the facts charged on the ground that it was not admissible as evidence and there was no other evidence to acknowledge this part of the facts charged, and thereby adversely affected the conclusion of the judgment. 2) The sentence of the court below is too unjustifiable and unreasonable.

2. Determination

A. As to the prosecutor's assertion of mistake of facts under Article 314 of the Criminal Procedure Act, the protocol under Article 312 of the same Act or the document under Article 313 of the same Act must be used as evidence, where a person who needs to make a statement is unable to make a statement due to death, illness, or any other cause, and the preparation of such statement or document must be made under particularly reliable circumstances. Furthermore, when it is made under particularly reliable circumstances, which are the second requirement, there is little room for false entry into the contents of the statement or the document, and there is no specific and external circumstance to guarantee the credibility or voluntariness of the contents of the statement (see, e.g., Supreme Court Decisions 204Do561, Jun. 14, 2007; 2004Do280, Feb. 28, 1995).

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