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(영문) 서울고등법원 2019.10.18 2019노1636

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

All of the first and second original judgments shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

knife.

Reasons

1. Summary of grounds for appeal;

A. In regard to the special intimidation in the first instance judgment, the Defendant stated in this part of the facts charged, and the victim at the time and place where the victim was challenged, there was no excessive or gas distribution. However, the Defendant held that it was excessive at the time of the Defendant’s opening of the Washington, but did not gather excessive amount because the second instance court did not want to have any unnecessary dispute with the victim. Accordingly, the crime of simple intimidation should be applied not to the case of special intimidation. Nevertheless, the lower court convicted the Defendant of this part of the facts charged, as stated in the first instance judgment, that the Defendant threatened the victim by carrying dangerous articles, and that the Defendant was in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., of Specific Crimes (hereinafter “the Act on the Aggravated Punishment, etc., of Specific Crimes, etc.”) at the time and at the time of the first instance court’s request for punishment against the victim during the 2nd session of the victim.

However, for the purpose of retaliation against the complaint of each of the above cases, or revoking a complaint, or making a false statement, testimony, or submission of data, there was no threat of the victim by acting as the victim or taking advantage of drinking, or taking advantage of the victim’s neck, etc.

Nevertheless, the Defendant convicted of this part of the facts charged that he threatened the victim with the purpose of revoking the complaint of the instant case.