beta
(영문) 부산고등법원 2020.01.09 2019노454

특정범죄가중처벌등에관한법률위반(보복협박등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the victim was unaware of the fact that the victim filed a complaint at the time of preparing a letter of correspondence to the victim, there was no intention to revoke the victim’s complaint.

B. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. The Defendant alleged that the lower court did not send a letter to the victim for the purpose of revoking the complaint, such as this part of the grounds for appeal, and the lower court determined that, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant could fully recognize the fact of intimidation for the purpose of revoking the complaint.

① Around December 25, 2018, the victim filed a complaint with the prosecutor’s office around February 19, 2019 on suspicion that the Defendant acquired government revenue stamps equivalent to KRW 1,374,400 from the victim, and the Defendant sent correspondence to the victim as stated in the facts constituting the crime in the judgment below, around March 22, 2019 and around March 27, 2019.

② The main contents of the letter sent by the Defendant to the victim are as follows: “The victim had many evidence related to the fact that he had provided D with the pentent and food while meeting D. In this regard, an accusation is filed with the prosecution or a petition is filed with the E organization. If the Defendant does not want to do so, he/she shall inform the victim of the amount that the Defendant would have to pay to the victim, and if so, he/she shall remain remaining in writing without any civil or criminal problems.”

This constitutes a threat of harm and injury sufficient to cause fear to the general public beyond the mere indication of the complaint, and the contents of the complaint are itself.