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(영문) 대전지방법원 2015.07.08 2015노340
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Even if the credibility of the victim's statement in the grounds of appeal is low, according to the evidence submitted by the prosecutor, the defendant could sufficiently be admitted that he/she has inflicted bodily injury on the victim, but all of the facts charged of this case are not guilty, the judgment of the court below which acquitted the defendant.

2. Determination:

A. The summary of the facts charged is the following day from July 26, 2014 to the following day.

7. From 01:00 until the 27. 01:00, the victim's body was found to be in the house of the victim D (name, n, 40 years of age) located in the Seo-gu, Seo-gu, Seoan-si, the victim started to display the victim's body while drinking alcohol together with the victim's body without any reason. The victim's body was frightened to the victim's head, breath the victim's body, and breath the body of the victim's body, and the victim's body was breathed to breath the body of the victim's body, and the victim's body was breathed to breath the body of the victim's body, and the victim's body was breathed to the victim's body, so long as the victim could not know out of the body of the victim's body, the victim's body was breathed to the outside of the body of the victim.

As a result, the Defendant teared the clothes of the victim, destroyed the body of the victim by tearing the body of the victim, threatened the victim as if he were dead, and detained the victim as if he were dead, and prevented the victim from leaving.

B. The lower court’s determination is the witness F’s testimony, each text message copy (No. 7-1 through 38, No. 9-1 through 18), and the fact-finding.

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