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(영문) 부산지방법원 2013.09.27 2013노1512
협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal, the victim, F, and G’s statements are reliable and the facts charged in this case can be fully acknowledged, the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of

2. Determination

A. At around 17:00 on April 10, 2012, the summary of the facts charged in the instant case: (a) on the grounds that the Defendant told the Defendant’s husband of the Defendant, who was appointed at the center of the senior citizens, was aware that he embezzled part of the senior citizens’ membership fees by embling the Defendant’s husband, who was the husband of the Defendant, who was in general in charge of the senior citizens’ conference, at around January 2012; and (b) while the Defendant talked with the Defendant as the senior citizens’ hall, the Defendant: (a) cut the glass cup, which was on the table of the senior citizens’ hall, brought the Defendant into the part of the victim; and (b) brought him a shouldered glass, which was on the table of the senior citizens’ hall, brought him into the victim’s interest, and (c) threatened the Defendant with the injury.”

B. The Defendant’s assertion and the lower court’s determination 1) asserted that: (a) on April 11, 2012, after the investigation process, the Defendant had discussed complaints against D, which had not existed at the time of the end of the month, to the trial; and (b) there was a fact that there was a threat of D, like the facts charged in the instant case on the day before the end of the month, to the day of the trial; and (c) the lower court’s determination on this point is as follows.

The judgment of the court below is that there is a victim D, witness F, and G’s statement as evidence corresponding to the facts charged. ① The date and time of the crime of this case was made monthly on April 7, 2012, and the time and time of the crime of this case was made monthly. The time and time of the crime of this case was made on April 7, 201, but the time and time of the crime was made between F and G at around 17:30 on April 10, 2012 (after drinking at the Course Center) and the time and time of occurrence are different. ② According to D, F, and G’s statement, according to this case’s statement, the defendant’s bath at the time of the crime of this case was made and damaged the glass of the Defendant’s hand.

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