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(영문) 서울고등법원 2020.09.17 2020노822
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

A. The punishment (two years of suspended sentence for six months of imprisonment, and 80 hours of community service order) sentenced by the second court (with regard to the court below's decision of the second court) is too unreasonable.

B. Prosecutor 1) The lower court acquitted the Defendant on the grounds that it found the Defendant guilty of intimidation related to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) against the Defendant. The lower court found the Defendant guilty on the charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, insofar as it found the Defendant guilty. In this part of the crime, the Defendant told the Defendant to the effect that the Defendant was unable to reach agreement due to the victim’s refusal at the time of the crime, and that the victim submitted a written application to the court for a bombing of the Defendant. Although the Defendant did not actively known the victim’s telephone number and made telephone calls, the lower court found the Defendant guilty of the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.). In so doing, the lower court found the Defendant not guilty of the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the same shall apply to 20 days after the victim’s report).

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