(영문) 광주고등법원 2016.03.10 2015노552 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2016.03.10 2015노552

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim G is currently aged 7 years old, victim G, F, E investigation agencies, and each statement in the court of original instance are consistent with important parts, and the credibility can be recognized in all of them. He made a statement favorable to the defendant. In the case of H, he made a statement favorable to the defendant, it is difficult to believe that he/she has the right before the defendant and the defendant, and it is also consistent with the defendant's statement.

In light of the fact that it is difficult to see, the Defendant assaulted F and embling F.

G It may be recognized that each injury was inflicted by breaking the G beyond the floor.

B. The fact that the defendant found in the victim E house and caused the failure to commit the crime can be acknowledged. G could not be seen as having sufficiently heard the defendant's intimidation E and F at the time of the crime. Even according to the defendant's statement, the defendant found 3-4 times to the victim E house after the crime was committed.

the victim E’s statement is not inconsistent with the victim F’s statement in the minor part of the victim E’s statement

In light of the fact that credibility cannot be said to exist, the fact that the defendant requires an agreement and intimidation with the victim E may be recognized.

(c)

Nevertheless, the lower court acquitted each of the facts charged of this case on the ground that each of the statements made by victims G, E, and F is difficult to believe.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.

2. Determination

A. The lower court rendered a judgment on each of the facts charged of this case not guilty on the grounds that it is difficult for the victim F, G, and E to believe that the statements made by each of the lower courts and the police are in accord with them, and the other evidence submitted by the prosecutor alone is insufficient to recognize each of the facts charged of this case without any reasonable doubt, and that there is no other evidence to acknowledge this.

B. The judgment of this Court is 1) The democratic legitimacy and trust of relevant legal principles.

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