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(영문) 광주지방법원 2015.05.26 2014노1901
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

According to the evidence submitted, the judgment of the court below which acquitted the defendant on the ground that the statement of the victim and witness is not reliable even though the defendant could recognize the fact that the defendant was threatened with the victim by driving the cargo to the victim by threatening the victim and sculing the victim by hand.

The summary of the facts charged is that the defendant operates a dog in D located in Jeonyang-gun, Jeonyang-gun, and the victim E (55 years old) is the lessee of the said livestock shed to the defendant and operates the said cafeteria immediately next to the above livestock shed of the defendant.

At around 19:00 on July 17, 2013, the Defendant, when intending to enter the said dog with the walk to put him into the said dog, and to take a walk ton of F.1 ton of the Defendant, the Defendant: (a) intending to snn of the said dog; (b) see the horses that “the restaurant customers walk to wn to wal off the dog because of smell,” and had the said walk to have the said walk to walk to wn to wale the said walk to wn to walk the said walk to walk to walk the said walk to walk to walk the said walk to walk to walk the said walk of the said walk to walk to walk the said walk to the said walk to prevent the said 2nd.

The lower court determined that the witness G in a relatively neutral position was unable to discover the victim’s external appearance, etc., and the victim’s statement in the court of the lower court is difficult to believe in light of the conflict between the victim and the Defendant. The witness H’s legal statement in the lower court frequently contacted H and the victim before testimony.

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