특정범죄가중처벌등에관한법률위반(보복상해등)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) As to the criminal facts paragraph 2 of the erroneous judgment of the lower court, even though there was a fact that the Defendant inflicted an injury on the victim, the Defendant found to be in order to kill the victim rather than the purpose of retaliation, and inflicted an injury on the victim during dialogue. (2) The sentence sentenced by the lower court of unfair sentencing (ten months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. In full view of the facts and circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment as to the Defendant’s assertion of mistake of facts, it is sufficiently recognized that the Defendant had “the purpose of cancelling his/her complaint or accusation in relation to the investigation or trial of his/her criminal case” as provided in Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes at the time of the original judgment, and thus, this part of the Defendant’
B. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor was committed by the Defendant and the prosecutor. The Defendant notified the victim who was in a relationship with the victim of the judgment and abused the victim who did not want to do so. Accordingly, the Defendant was arrested and detained in the act of committing an act of committing an act of committing an act of committing an offense and thereby inflicted an injury upon the police for the purpose of retaliationing the victim. The Defendant threatened the victim by using a knife and knife that was a deadly weapon, and then transmitted the victim’s text messagess that arouse an uneasiness to his cellular phone, and then transmitted the victim’s house to his cell phone, twice more times, the victim’s house was intruded, and damaged the victim’s house entrance, and the crime appears to have suffered considerable mental and physical damage due to the instant crime, and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is not only a threat to the safety of the victim, but also is also an appropriate state’