특정범죄가중처벌등에관한법률위반(보복협박등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty of the facts charged of this case, which erred by misunderstanding the facts and affected the conclusion of the judgment, although the defendant tried to scam the victim's work that had been before the victim and set the defendant's scam, and the defendant did not threaten the victim for retaliation.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. In the lower court’s assertion of mistake of facts, the Defendant argued to the same effect as this part of the assertion, and the lower court, in detail, explained in detail the judgment on the “determination of the Defendant and his defense counsel’s assertion” portion, and acknowledged that the Defendant threatened the victim with the purpose of retaliation at the E-official brokerage office located in Yeonsu-gu Incheon Metropolitan City around February 25, 2016.
The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court, namely, ① the victim reported to the police three times on February 25, 2016, the date and time of the criminal facts indicated in the lower judgment, including: (i) the victim reported to the police three times, on February 25, 2016; and (ii) the content of the report was not expressed to the four people.
The report of the pre-reported reporter has taken the place for four months, and he/she has taken the plaque.
Then, considering the facts consistent with the contents of the instant crime committed by the Defendant, the lower court’s determination is justifiable, and the Defendant’s assertion is without merit.
B. The fact that the defendant was sentenced to four months of imprisonment with prison labor for the crime of this case for the purpose of retaliation, and the defendant had a number of records of punishment due to violent crimes, etc. is disadvantageous to the defendant, since he was found to have committed the crime of this case for the purpose of retaliation on the part of two months after the execution of the sentence was completed.
However, the damage actually suffered by the victim due to the crime of this case is not serious.