상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of one year from the date this judgment becomes final and conclusive.
1. The judgment of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.
2. Prior to the judgment on the grounds of ex officio appeal, we examine ex officio the intimidation among the facts charged in the instant case.
A. On April 25, 2017, the summary of this part of the facts charged: (a) on the street in front of the D cafeteria located in Gunsan-si C, around 18:22 on April 25, 2017, the Defendant: (b) under the influence of alcohol, and (c) discovered the victim E (9 years of age) and the victim F (11 years of age) who was driving ahead of the Defendant on a bicycle; and (d) lets the victims put the bicycle on the victim without any special reason; and (e) putting the victim E’s bicycle on the victim’s bicycle, the Defendant threatened the victims, such as: (a) cutting the victim’s bicycle into the victim’s string, she will throw away from it.
Accordingly, the defendant threatened victims.
B. Each of the instant intimidation is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.
According to the records, on May 30, 2017, after the institution of the instant prosecution, a written agreement (42 to 45 pages of the trial record) prepared in the name of P (the father of the victim) who is a legal representative of the victim F, and Q (the father of the victim) who is a legal representative of the victim E (the father of the victim) may be recognized as having been submitted to the lower court.
In the crime of non-violation of one-half intention, the victim has expressed his wish not to punish or has withdrawn his wish to punish.
In order to recognize the victim's true intent, it should be expressed in a way that enables clear and reliable intent of the victim. In the case of a minor who is the victim's age, whether the legal representative of the victim included the victim's intent in the expression of intention of the victim's own, the type and content of the subject case, the age of the victim, the actual subject and content of the agreement,