특수협박등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (4 months of imprisonment and 1 year of suspended sentence) is too unreasonable.
B. In full view of the following facts: (a) a prosecutor 1) a victim G has consistently stated the fact of damage from an investigative agency to the court of the court below; and (b) at the time the Defendant engaged in a brupt behavior, such as the victim G head carping and destroying a household; and (c) the Defendant’s knife itself appears to have expressed the attitude that the Defendant would inflict harm on the victim G; and (d) a special crime of intimidation constitutes a crime of intimidation.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor examined the facts charged of special intimidation ex officio, and the prosecutor, in the trial of the party, “the defendant knows the fact that the victim G was out of the court, and is so in so far as the relationship with I is not true, he/she shall be in violation of his/her hand.”
The phrase “the victim was threatened by acting as a knife against the Defendant’s hand knife and by acting as a knife against the victim G.
“Application for Amendments to Bill of Indictment was filed, and this Court permitted it, and thus, the judgment of the court below cannot be maintained any more.
On the other hand, there is a violation of law by mistake that the prosecutor acquitted the above special intimidation on the grounds of appeal.
However, since there was an amendment of indictment reflecting the reasons for innocence in the trial, the reasons for the above appeal by the prosecutor are not judged separately, and the changed facts charged should be judged as to whether they are guilty or not below.
3. The judgment of the court below is reversed ex officio.