특정범죄가중처벌등에관한법률위반(보복협박등)등
1. Of the judgment of the court below, the part concerning (1) of Articles 1, 4-A, 4-B, 3 and 4-D in the judgment of the court below as to Defendant B.
(1) Of the facts charged against Defendants A, B, E, F, and G, the lower court rendered a judgment of not guilty on the violation of the Punishment of Violences, etc. Act against Defendants A, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) against Defendants A. The prosecutor only filed an appeal against all Defendants on the ground of erroneous determination of facts against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) against Defendants A, and did not file an appeal against the violation of the Punishment of Violences, etc. against Defendants A, B, E, F, and G, which became separate and finalized.
(2) Meanwhile, the lower court sentenced the Defendants to dismiss the prosecution on the charge of assaulting Defendant B among the facts charged against the Defendants. Since both Defendant B and the Prosecutor did not file an appeal, this part of the indictment was separated and finalized.
(3) Therefore, the scope of this court’s judgment is limited to the guilty part of the judgment below and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Defendants A.
Summary of Grounds for Appeal
Defendant
B, C, D misunderstanding of facts, and misapprehension of legal principles (the part concerning the violation of the Punishment of Violences, etc. against the Victim R : the violation of the Act on the Punishment of Violences, etc. against the Victim R / Defendant D, E, S, and T (hereinafter “Defendant B, etc.”) inflicted an injury on the victim R, because the above victim inflicted an injury on the victim in order to defend the victim in the first place to display the hacker pipe and to protect the Defendant B, etc., because it constitutes self-defense or excessive defense, it constitutes a self-defense or excessive defense, and thus, it is necessary to pronounce the Defendant B not guilty or reduce or exempt the sentence. However, this is simply accepted as the facts charged.