폭행등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The fact-finding that the defendant threatened the victim F by mistake was punished for injury due to the victim F's report by the victim F, and the purpose of retaliation was to be taken against the victim F, but the court below determined that the defendant was not such purpose. Such judgment of the court below is erroneous in the misapprehension of facts.
B. The sentence imposed by the court below on the defendant (the fine of KRW 3,500,00) is too uneasible and unfair.
2. Judgment on the assertion of mistake of facts
A. A. Around October 2012, the summary of the facts charged: (a) around 03:30 on September 22, 2013, the Defendant expressed that “A victim E (n, 58 years of age) who reported a catter from Drata in Gangdong-gu Seoul Metropolitan Government for the purpose of taking a cata and cata around 03:30 on September 22, 2013, the Defendant reported cata” to the victim E (n, e, e, f, hata, e, hata, and g-8 years of age), and continuously threatened the victim F (n, South, and 58 years of age) who is the manager of the said cata or management, expressed that “I will bat the death of bata, now,” and threatened the said E and F.
B. In light of social norms, the lower court determined that it was difficult to view the Defendant at the time of the instant intimidation that “the purpose of retaliation for the provision of a criminal investigation report, such as a complaint or accusation, statement, testimony, or submission of materials,” under Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, was not “the purpose of retaliation against another person’s criminal investigation or trial” and acquitted the Defendant
① The instant crime was committed by the Defendant at least ten months after the Defendant was sentenced to suspended execution due to the criminal act reported by the Victim F.
② The Defendant, from two months before committing the instant crime, was unable to do so, at least three to four days per week in the instant friendship, but assaulted or threatened the Victim F.