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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles did not threaten the victim as described in paragraph (1) of the instant facts charged, and even if the Defendant’s act was recognized, the act under paragraphs (1) and (3) of the instant facts charged constitutes a justifiable act that is at the level against the victim denying the act of inhumanity with husband and constitutes a justifiable act that does not violate social rules. (2) The punishment (one million won of fine) sentenced by the lower court of unfair sentencing is too unreasonable.
B. The lower court’s sentence (Defendant A: a fine of one million won, Defendant B: the suspended sentence) against the Defendants by the public prosecutor is too uneased and unreasonable.
2. Determination
A. As to Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles, the lower court asserted that there was no threat of the victim as stated in paragraph (1) of the facts charged in this case, and the lower court, on the grounds as stated in its reasoning, determined that the Defendant could recognize the fact that the Defendant made a victim’s statement of intimidation. In light of the records, the lower court’s determination is just and acceptable, and there was no error of misunderstanding of facts as pointed out by the Defendant, as stated in paragraphs (1) and (3) of the facts charged in this case. 2) As to whether the Defendant’s act of threatening the victim as stated in paragraphs (1) and (3) of the facts charged in this case constitutes a justifiable act under Article 20 of the Criminal Act, “act which does not contravene social rules” as defined in Article 20 of the Criminal Act refers to an act permissible in light of the overall spirit of legal order or social ethics or social norms surrounding it, and what act should be reasonably examined as a legitimate act that does not violate social rules, and thus, to recognize such a justifiable act individually.