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(영문) 대구지방법원 서부지원 2018.10.24 2017고단2613
공갈미수등
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged of the instant case is that the Defendant, around September 23, 2017, 20:40, performed mixed alcohol to “C” located in Seo-gu, Daegu, Seo-gu, and the victim D (67 years) who performed drinking at that place, she saw the Defendant’s hand in the above hall toilets as “at the same time, she takes a cleaning agent,” thereby threatening the victim to “at the same time, she takes the inside her house, so her money,” and the victim’s refusal to do so, she did not commit any attempted to commit a crime by taking the victim’s clothes, taking the victim’s hand, and taking the victim’s hand her knife, and taking the victim’s knife the knife., taking the victim’s knife, and taking the victim’s knife the knife’s k’s knif, and knife the victim’s k.

2. As evidence consistent with the facts charged in the instant case, D’s statements and medical certificates of injury are indicated in the investigation agency and this court.

In that sense, D’s above statements are inconsistent with the facts found by the court’s CD verification report (as to the verification ofCCTV image data) and the fact that D’s statement about the situation from the toilet, which is the place where D’s instant case occurred and that he did not assault the Defendant at all. ② D took a course of a course of a course of a course of a course of a course of a course of a course of a year on the part of the part of the son and the part of the son suffered from the injury of the son.

In light of the fact that the statement is considerably exaggerated, there is no credibility in the statement, and the statement of the injury diagnosis is written according to the damage statement of D.

Therefore, the above evidence alone is insufficient to prove the facts charged of this case, and there is no other evidence to prove it.

3. According to the conclusion, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered after the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is to be publicly announced pursuant to the main sentence of Article 58(2) of the Criminal Act.

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