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(영문) 광주고등법원 2017.07.20 2017노80
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The Defendant’s defense counsel presented his defense counsel’s opinion on May 15, 2017, after the appeal was not timely filed, to the effect that there was no purpose of retaliation against the victim on the crime of 2016 Gohap 298, supra.

The argument is asserted.

The subsequent argument in the period for submitting an appeal can not be a legitimate ground for appeal, and even after ex officio examination of the evidence duly adopted and investigated by the court below, the defendant has sufficiently recognized that he threatened the victim with the purpose of providing proviso of investigation or retaliation for the statement in connection with the investigation of his criminal case. Thus, there is no error of law in the judgment of the court below as

If there is no change in the sentencing conditions compared with the original judgment, and the sentencing of the original judgment does not deviate from the reasonable scope of discretion, it is necessary to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Retaliatory crimes not only infringe on the victim’s legal interests, but also may eventually interfere with the discovery of truth of the substance of the investigative agency and judicial agency and the exercise of the State’s penal authority by urging the victim to exercise legitimate investigative and judicial cooperation. Therefore, it is necessary to strictly punish the crime. In addition, the victim’s intimidation appears to have suffered considerable mental pain, such as the victim’s intimidation, and the defendant committed the crime of intimidation for the purpose of retaliation in this case during the period of repeated crime for which the execution of the sentence was not more than two months after the completion of the victim’s report, and the victim’s punishment does not want by agreement with the victim of the crime of intimidation, and the crime of violation of Article 37 of the Criminal Act, such as the punishment of a sexual crime of de facto crime, etc.

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