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(영문) 대법원 2016.10.13 2016도10616
협박등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court found the Defendant guilty of intimidation among the facts charged in the instant case on the grounds indicated in its reasoning.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court did not err in its judgment by misapprehending the legal doctrine on the crime of intimidation beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding fraud among the facts charged in the instant case.

The judgment below

Examining the reasoning of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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