특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The lower court rendered a not guilty verdict on the part of the facts charged in the instant case that “the Defendant intimidation F as stated in [Attachment List Nos. 3 and 5] among the charges of this case, as a habit of violence,” and found the Defendant guilty on the remainder of the crime related to the crime. The only Defendant appealed on the guilty part of the lower judgment, and the Prosecutor did not appeal.
In such a case, the portion of innocence as well as the portion of acquittal on the grounds of indivisible principle is brought to the trial court. However, since the part of innocence was already out of the object of attack and defense between the parties, it cannot be judged again by the court (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, the conclusion of the judgment of the court below as to the portion of innocence on the grounds above shall be followed, and it shall not be judged separately in the trial court.
2. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of the legal principle 1) In relation to the crime No. 1 (the lower court was based on the crime of violation of the Punishment of Violences, etc. Act (Habitual Intimidation) as indicated in the judgment of the lower court), the Defendant did not have exercised the tangible power against C.
2) In relation to the crime No. 2 of the facts charged in the judgment below, the Defendant met F several times, but did not speak as stated in its reasoning at that time, and did not notify the degree of harm and injury to the crime of intimidation.
3) In relation to the crime No. 4 of the lower judgment’s judgment, the Defendant did not threaten L, but did not have the purpose of retaliation.
B. The Defendant, a mental and physical weak, was under the influence of alcohol at the time of committing the crime set forth in paragraph (1) of the crime of the lower judgment, and was incapable of distinguishing things or making decisions.
(c)
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
3. Determination
(a) ex officio determination;