특정범죄가중처벌등에관한법률위반(보복상해등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of the grounds for appeal;
A. 1) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) (A) the Defendant did not make the victim C with the same motive as the facts charged, and did not cause any injury to the victim beyond the smuggling.
B) The instant case was derived from the Defendant’s act of diversology, and thus, there was no “the victim’s purpose of retaliation against the Defendant’s statement in relation to a criminal case” (C) but there was an error of misunderstanding of facts or misunderstanding of legal principles that recognized that the Defendant inflicted injury upon the victim for the aforementioned purpose of retaliation
2) Although the Defendant expressed the victim’s desire on April 12, 2015, the Defendant’s expression of interference with business (i.e., interference with business) around 11:00 on April 12, 2015, it was an indication of a claim for excessive drinking value by the said victim. As such, it constitutes a justifiable act that does not violate social rules and thus, the illegality is excluded.
B) In addition, around April 12, 2015, the Defendant divided the conversation with Chinese customers on April 13:44, 2015, and there was no time to do so, or there was no way to show customers by avoiding the disturbance. (C) Nevertheless, the judgment of the court below that recognized that the Defendant interfered with the victim’s restaurant business by taking a bath at the restaurant operated by the victim at each time and by avoiding the disturbance, and thereby obstructing the victim’s restaurant business.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles
A. The summary of the facts charged 1 on the argument regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) lies in Ecafeteria located in Suwon-si operated by the victim C, and thereby obstructing the Defendant from selling alcohol to the Defendant.