특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment below
The guilty part shall be reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. The defendant (guilty part of the judgment of the court below) has a special residential intrusion. The defendant, while taking the kitchen house in his house, has taken the kitchen house in his house with the kitchen knife and has a kitchen knife, is only between the house of the victim C, and there was no intention to use it in committing a crime, and there was no dangerous weapon with the intention to carry it.
In addition, the defendant did not have the intention of intrusion, and even if the defendant's act constitutes a constituent element of intrusion upon residence, the defendant's misunderstanding that there was an understanding of the victim C even if it constitutes a constituent element of intrusion upon residence, or the illegality is excluded as an act that does not violate social rules.
B) On May 9, 2017, the insult of the instant facts charged, each of the victim B, E, and C’s statements that correspond to the instant facts charged, are inconsistent and contradictory to each of the statements, and thus, is not reliable. Since the victim B stated that E and C have been at the scene of crime after the Defendant took a bath as stated in this part of the facts charged, performance is not recognized. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment and one year of suspended execution) is too unreasonable.
B. In light of the fact that: (a) a prosecutor 1) misunderstanding of facts (not guilty part of the judgment of the court below); (b) the victim C was in an imminent situation in which her mother continued to feel fear by the Defendant’s criminal act; and (c) thereafter C explained the situation at the time of the Defendant’s consistent statement from the investigative agency to the court of the court of the court below, rather than the Defendant’s defense, the victim C’s statement at the court of the court of the court below with the content that she threatened himself as described in this part of the facts charged is more reliable
Therefore, the judgment of the court below that found it difficult to believe the victim C's statement and found the defendant not guilty of this part of the facts charged is erroneous.
B. On June 3, 2017, people who work in the field of dry field near the place where the defendant committed an insult.