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(영문) 서울고등법원 2019.01.10 2018노2656

특정범죄가중처벌등에관한법률위반(보복협박등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is recognized that the defendant sent text messages as indicated in the judgment below to the victim, but at the time there was no intention of retaliation or intimidation against the defendant.

2. The Defendant also asserted that the lower court is identical to the assertion of mistake of facts.

In addition, the court below determined that the purpose of retaliation was to the victim's testimony by notifying the victim of harm to the victim, in addition to the following facts: (a) the relationship between the victim and the victim recognized by the evidence adopted and examined by the court below; (b) the content of the defendant's defense; (c) the testimony of the victim; (d) the result of the aforementioned criminal case trial; (d) the time and circumstances of sending text messages to the victim; (e) the entire content of text messages; and (e) the victim's age; and (e) the text messages clearly inform the school accompanying the victim of false facts; and (e) the statement that the victim sent the above text message to the victim to raise a complaint against the victim.

Examining the evidence duly admitted and examined by the court below in light of the evidence, the above judgment of the court below is justified.

The defendant's assertion of mistake is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.