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(영문) 부산지방법원 2017.02.03 2016노4137
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the defendant had an intention to pay money from the victim when calculating the victim's drinking value; and (b) when he/she gifted a high-priced letter to the victim;

Although it is difficult to see it, the court below convicted the defendant, which is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined in the court below: ① the document stating the statement by a person other than the defendant is admissible under Article 314 of the Criminal Procedure Act even if the statement was not proven by the statement made in the court court; thus, the document constitutes a case where the person who made the statement is unable to appear and make a statement in the public trial court due to death, disease, residence in a foreign country, unknown whereabouts, or any other similar reasons; and the document should be proved to have been prepared under particularly reliable circumstances; the victim F cannot make a statement after residing in a foreign country; the victim cannot make the statement at the time of the police investigation; the above victim's statement while the defendant was present in the Republic of Korea at the time of the police investigation; the statement made in combination with the defendant at the time of the above victim's statement corresponds to the defendant's statement; ② The police statement at the police station at bar at bar at bar at bar at bar at bar falls under the case where the defendant and the victim cannot be admissible under Article 314 of the Criminal Procedure Act at bar at bar at bar at bar.

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