특정범죄가중처벌등에관한법률위반(보복협박등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Although the Defendant had sent a text message as stated in paragraph 3 of the facts charged to the victims, the Defendant did not act as above for the purpose of retaliation against the victims’ reporting the Defendant as a crime of assault.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that a person who commits a crime of assault, intimidation, etc. under the Criminal Act shall be punished by imprisonment with prison labor for more than one year, which is heavier than the statutory penalty under the Criminal Act, for the purpose of retaliation against the provision of an investigation proviso, such as accusation, statement, testimony, or submission of data, in connection with the investigation or trial of his/her or another person's criminal case.
Here, whether an actor had such an objective should be reasonably determined in light of social norms by comprehensively taking into account the following circumstances: (a) the offender’s age, occupation, and other personal factors; (b) motive and process of the offense; (c) details and mode of the act; (d) personal relationship with the victim; and (e) the circumstances before and after the commission of the offense (see Supreme Court Decision 2009Do12055, Jun. 14, 2013). In light of the evidence duly adopted and investigated by the lower court, the Defendant may be recognized to have threatened the victims as stated in Article 3 of the facts constituting the offense in the lower judgment for the purpose of retaliation against the victims’ report to the police.
The above assertion by the defendant is without merit.
① On February 13, 2017, the Defendant found the beauty room operated by the Defendant, along with an execution officer, for compulsory execution of delivery of a building, and assaulted the victim E, such as launching the victim E.
Accordingly, the victims reported to the scene and the police officers dispatched to the site, and the defendant is the suspect at the police station of the Dongsan-dong Department on the same day.