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(영문) 수원지방법원 2013.05.29 2012노5905
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have entered the victim’s house.

Nevertheless, the lower court found otherwise guilty of the facts charged of the instant case erred by misapprehending the fact.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the first instance court on the assertion of mistake of facts, the facts charged in the instant case that the Defendant invaded into the victim’s house against the victim’s will can be sufficiently recognized.

① The witness D, who is the victim, found from the investigative agency to the court of the court below, whether the defendant was in the victim’s wife E while entering the house and taking the house into the house, and returned to the victim’s wife E, and the victim reported to the police and made the victim’s statement to the police that he was in accordance with the defendant. The statements are specific, consistent and consistent.

② At the court of the court below, the witness J stated that the police dispatched upon the victim’s report at the time of the instant case as follows: “I am a person working in our country, and I am well aware of only the Defendant’s voice, so I am asked again.” The witness J made a statement to the effect that the Defendant came to the victim’s home, and that it was well aware of whether the Defendant went to the victim’s home. The above statement alone cannot be easily rejected the credibility of the victim’s statement.

③ According to the results of the CD verification, the Defendant found the victim’s house, laid the front door, saw the door so that the front door frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter frighter.

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