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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.10.25 2013노2276
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. On December 13, 2012, Defendant A (i) did not detain the victim E (hereinafter “victim”) on the erroneous determination of facts, and there was no purpose of retaliationing the Defendant against the victim who filed a criminal complaint.

Dob. The sentence of the lower court on Defendant A of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The sentence of the lower court (one year and six months of imprisonment) against Defendant B is too unreasonable.

C. The lower court’s sentence against the Defendants is too unfilled and unreasonable.

2. Determination

A. (1) The Defendant A’s assertion of mistake of facts is a crime of making it impossible or extremely difficult for a person to move into a specific area with the freedom of action as the protected legal interest of the person’s freedom of action, and such obstruction may be caused by psychological and intangible obstacles as well as physical and tangible obstacles, and the essence of confinement is not limited to the means and methods that restrict the freedom of action by restricting the freedom of action. It does not necessarily require a complete deprivation of the freedom of action in confinement.

(See Supreme Court Decision 9Do5286 delivered on February 11, 2000, etc.) In addition, Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides a criminal investigation force, such as filing a complaint or accusation, in relation to the investigation or trial of a criminal case against a person himself/herself or another person, with a crime of assault, intimidation, etc. under the Criminal Act for “the purpose of retaliation against the provision of a criminal investigation force, such as a complaint or accusation, statement, testimony, or submission of materials” or “the purpose of prohibiting the provision of a criminal investigation force, such as a complaint or accusation, or of prohibiting the submission of a statement, testimony

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