The prosecutor's appeal is dismissed.

1. The judgment of the court below which narrowly interpreted the scope of the establishment of the crime of violence for retaliation under the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the defendant's statement of the gist of the grounds for appeal that does not recognize the universal purpose despite the statement of

2. Determination on the grounds for appeal

A. Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides for a limited term of not less than one year, which is greater than the statutory penalty under the Criminal Act, where the crime of assault, intimidation, etc. is committed under the Criminal Act, for the purpose of preventing the provision of a criminal investigation team, such as a criminal charge or accusation, from taking retaliation against the investigation or trial of a criminal case of a criminal case of a person or another person, or of prohibiting the provision of a criminal investigation team, such as a criminal charge or accusation, statement, testimony or submission of materials, or in order to cancel a false statement, testimony or submission of materials.

Here, whether an actor had such an objective ought to be reasonably determined in light of social norms by comprehensively taking into account the following factors: the offender’s age, occupation, and other personal factors; the motive and process of the offense; the means and method of the offense; the content and manner of the act; the victim’s personal relationship; and the circumstances before

(See Supreme Court Decision 2009Do12055 Decided June 14, 2013). In addition, the purpose of the crime for the purpose of the crime is an excessive subjective element for the establishment of the crime, and the prosecutor bears the burden of proving the facts constituting the elements of the crime in a criminal trial. As such, if the prosecutor intends to recognize the establishment of the crime under Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, he/she shall prove that there was the purpose of retaliation against the perpetrator.

(See Supreme Court en banc Decision 2010Do1189 Decided July 23, 2010).B.

Facts of recognition

In the lower judgment, the lower court.