특정범죄가중처벌등에관한법률위반(보복협박등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. The Defendant, based on the grounds of appeal for mistake, argued that the lower court erred on the damage to property, but withdrawn the above assertion on the first trial date of the first instance trial.
In the process of fighting with the victim, the defendant merely expressed a desire with the victim, did not make intimidation while carrying out the same speech as the facts constituting the crime of the original judgment, and did not aim at retaliation against the defendant.
B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant made an argument as to the assertion of mistake of facts in the lower court, and the lower court, based on the adopted evidence, acknowledged the following facts: (a) the Defendant reported the Defendant to the police and was arrested as a flagrant offender of the damage and damage to property; (b) was waiting for the victim at the entrance of the first floor of the publicly announced source building operated by the victim after two days from the date the Defendant was released; (c) the Defendant unilaterally expressed the victim’s statement as criminal facts; (d) the Defendant discovered the victim and told the victim that he would be “to the police so that he would not know the victim”; (c) the victim got the victim to the second floor office that caused the damage; (d) the Defendant got out of the victim’s office; and (e) the Defendant got out of the victim’s office with his windowd with locked, and (e) the Defendant’s act constitutes intimidation for retaliation purposes as provided for in Article 5-9(2) of the Act on the Aggravated Punishment,
The above facts acknowledged by the evidence adopted by the court below and the general secretary E also stated to the effect that the defendant made intimidation to the victim at the time, stating that "the victim was killed, or reported to the police," such as the victim's statement (Evidence No. 29 pages), and both the victim and E, to the prosecution investigator."