beta
(영문) 광주고등법원 (제주) 2014.05.14 2014노33

특정범죄가중처벌등에관한법률위반(보복감금등)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be limited.

Reasons

1. The sentence of imprisonment with prison labor (one year and six months) of the judgment of the court below in summary of the grounds for appeal by the accused is too unreasonable;

2. On June 18, 2013, the lower court acquitted victims of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) on the Aggravated Punishment, etc. of Specific Crimes, etc. against victims on or around June 18, 2013 among the facts charged in the instant case, and found them not guilty on the grounds that there is no proof of a crime, but did not separately sentence them on the disposition.

In regard to this, only the defendant appealed against the conviction, and the acquittal portion of the reasoning in the judgment of the court below is to be judged in the trial due to the principle of no appeal, but that part is already to be separated from the object of attack and defense between the parties (see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). The scope of trial per party shall be limited to the conviction portion of the judgment of the court below.

3. We examine ex officio any retaliation against K.

A. On June 18, 2013, at around 21:30 on June 21, 2013, the summary of the facts charged as indicated in the judgment of the court below, the Defendant: (a) stated that “on June 18, 2013, the Defendant shall not live in this context,” and “on June 18, 2013, the Defendant shall take a bath to 23:30 from that time; and (b) placed in the Defendant’s house for approximately two hours by creating an atmosphere of fear by creating an atmosphere of fear.”

B. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides a criminal investigation team, such as a complaint or accusation, with respect to the investigation or trial of a criminal case of a criminal case of a person or a third party, or provides, make a statement, testimony, or testimony of a criminal investigation team, such as a retaliation against a complaint or accusation