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(영문) 서울동부지방법원 2020.02.19 2019노1370
강요
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor, the court below found the Defendant not guilty of the facts charged of this case, despite the fact that the Defendant could have threatened the victim, such as the facts charged, thereby notifying the victim of harm to the degree that they could feel stimulated and forced the victim to commit a crime. The judgment of the court below is erroneous.

2. The lower court found the Defendant not guilty of the instant charges on the ground that there is a lack of evidence to support the fact that the Defendant threatened the victim as stated in the facts charged by threatening him/her to the extent that he/she had caused harm to the victim or forced him/her to commit a crime, by taking into account the circumstances acknowledged by the evidence duly admitted and investigated.

Considering the evidence duly adopted and examined by the court below in light of the records, a thorough examination is conducted, and the court below's determination of not guilty of the facts charged in this case on the grounds as stated in its reasoning is just and acceptable, and there is no additional evidence submitted in the trial, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor in the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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