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(영문) 대구고등법원 2017.07.18 2017노224
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

Defendant

All appeals filed by the Defendants A and B and by the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the defendants A and B (unfair sentencing) (one year of suspended sentence in June and ten months of imprisonment) is too unreasonable.

B. Prosecutor 1) In full view of the background leading up to the instant crime, the relationship with the Defendant and the victim, the details of intimidation, and the victim’s clear statement against the Defendant A, the Defendant’s retaliation is recognized.

Nevertheless, the lower court rendered a not guilty verdict on this part of the facts charged. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

B) Comprehensively taking account of all the evidence, including the testimony of witnesses regarding the above crime by Defendant B and C, the fact of intimidation by Defendant B and C can be sufficiently recognized.

Nevertheless, the court below rejected the probative value of the victim's statement, etc., and rendered a not-guilty verdict on this part of the facts charged. In so doing, the court below erred by misunderstanding facts or misapprehending legal principles, thereby affecting

2) The lower court’s sentence against Defendant A and B, who was unfair in sentencing, is too unfluent and unfair.

2. Determination

A. As to the Prosecutor’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, the lower court: (a) based on the circumstances indicated in its reasoning, with respect to ① the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Defendant A, based solely on the evidence submitted by the Prosecutor, threatened the Defendant with the purpose of retaliation relating to the investigation following the instant complaint, such as the content of the facts charged.

For reasons of insufficient evidence, (2) with respect to each special intimidation against Defendant B and C, the evidence submitted by the prosecutor alone is alone.

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