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(영문) 서울중앙지방법원 2020.01.31 2019노2333

협박등

Text

All of the convictions and the second judgment of the court of first instance shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

The summary of the grounds for appeal is the first judgment of the court of first instance (defendant and prosecutor), the defendant's mistake of facts and misapprehension of legal principles are minor factors that are difficult to be assessed as injury under criminal law.

The above action is likely to be caused by another cause other than the defendant's act.

The defendant did not have any intention to injure.

The punishment sentenced by the court below of unfair sentencing (ten months of imprisonment) is too unreasonable.

The statement of the victim that the prosecutor misjudgments the facts (not guilty part) the defendant threatened the victim B, such as the facts charged, is reliable.

Nevertheless, the lower court acquitted the above charges of intimidation on the ground that the said victim’s statement was not reliable.

The sentence imposed by the court below of unfair sentencing is too unjustifiable.

The sentence of imprisonment (six months of imprisonment) sentenced by the lower court is too unreasonable.

Determination of the mistake of facts and misapprehension of legal principles on the defendant's assertion of mistake of facts (the guilty part of the first judgment) refers to the injury of the victim's body or the injury of the legal doctrine related to whether the injured party constitutes "injury" under the Criminal Act.

In a case where there is extremely minor circumstance accompanied by a assault and thus there is no need for treatment, and there is no obstacle in natural therapy and daily life, the crime of injury cannot be deemed as being injured. However, even if there is no assault, this is premised on the same degree of injury as the wound ordinarily likely to occur during the daily life. Therefore, if there is no assault, the above degree of injury should be deemed as being injured.

The determination of whether the physical integrity of a victim is damaged or a physiological disorder is caused shall not be made objectively and uniformly, but shall be made based on the physical and mental specific conditions, such as the age, gender, physical strength, etc. of the victim.

참조조문