특정범죄가중처벌등에관한법률위반(보복협박등)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
1. An ex officio determination prosecutor at the appellate court filed an application for the modification of a bill of amendment to indictment with the content that added the charges Nos. 14 to 16, the list of offenses, which is related to the initial facts charged, and this court permitted the application.
Accordingly, since the subject of the judgment by the court was different from the original judgment, the original judgment which is the subject of the previous facts charged cannot be maintained any more.
However, despite the above reasons for ex officio reversal, the defendant's assertion of mistake or misapprehension of legal principles is subject to the judgment of the appellate court.
2. As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles (whether there was a purpose of retaliation against the Defendant), the Defendant asserted that, upon receiving a conviction of the Defendant for committing an offense, such as defamation, the Defendant sent a letter to the Defendant for a sound mind, when the case (referring to the case in which the Defendant was the first instance court, which ought to be seen as following the instant case (see, e.g., Supreme Court Decision 2015Do20217; hereinafter “previous case”).
Although this assertion was not aimed at retaliation against the defendant, the court below should have understood that the court below erred by misapprehending the legal principles or by misunderstanding the facts charged including the purpose of retaliation, thereby adversely affecting the conclusion of the judgment.
Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes commits the crime of assault, intimidation, etc. under the Criminal Act for the purpose of providing a criminal investigation team, such as a complaint or accusation, making a statement, testimony or submitting materials in connection with the investigation of or judgment on his/her criminal case, or for the purpose of prohibiting the provision of a criminal investigation team, such as a complaint or accusation, making a statement, testimony or submitting materials, or cancelling a complaint or accusation, or making a false statement, testimony or submitting false materials.