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(영문) 서울고등법원 2020.04.01 2019노1907
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

There is no misunderstanding of facts or misapprehension of legal principles, or special violence accused, by carrying dangerous articles, such as a arche, swelve, swelve, and abrut, that the injured person was committed by carrying dangerous articles, or by carrying them with them.

The victim filed a complaint against the defendant by exaggerationing the fact of damage.

The violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was committed by the Defendant with a mixed standard and did not notify the victim of harm and injury and did not intend to inform the victim of harm and injury.

The victim did not hear the statement of the defendant and feel fear.

The punishment sentenced by the court below on unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

A victim of misunderstanding of facts as to the failure of the public prosecutor has lost his/her ability to resist due to continuous assault and intimidation by the defendant, and the defendant has taken money by using the victim's appearance.

The victim lost the right to all the disposition against the money remitted to the defendant, and the victim had the right to do so.

The sentence imposed by the court below of unfair sentencing is too uneasible and unfair.

As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles as to the Defendant’s assertion of special violence and special injury, the lower court determined that comprehensively taking account of the following circumstances, the lower court determined that the Defendant could recognize the fact that the Defendant inflicted an injury on the victim by carrying dangerous articles, such as a kitchen, a bath, a knick, abrut, and abroin, or by carrying dangerous articles, such as a kitchen, a kitchen, abrut,

① Since the victim died on March 9, 2019, it constitutes “where it is impossible to make a statement on the preparation or the date of trial due to the death” as stipulated in Article 314 of the Criminal Procedure Act. The victim’s statement at the police twice or more times has little room for false intervention in light of various circumstances, and the contents of the statement are written.

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