The appeal is dismissed.

The grounds of appeal are examined.

1. As to the assertion on the “purpose of return” under Article 5-9 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-9(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides for the punishment of death or imprisonment with prison labor for life or for not less than ten years, in cases where a crime under Article 250(1) of the Criminal Act is committed for the purpose of retaliation against the provision of a criminal complaint, accusation, such as accusation, statement, testimony, or submission of materials in relation to the investigation or trial of his

In addition to the protection of criminal reporters, etc., it is clear that the criminal justice function of the State is a crime with the purpose of "the purpose of returning" as an excessive subjective element, other than intentional acts, and is a crime with the purpose of establishing a crime.

Since the prosecutor bears the burden of proving the facts constituting the elements of a crime prosecuted in a criminal trial, he/she shall prove that there was an objective of retaliation against the offender of the crime of violation of Article 5-9 (1) of the above Act, and such proof shall be based on strict proof that makes judges not have any reasonable doubt, and if there is no such proof, the interests of the defendant shall be determined. However, as long as there is no confession of the defendant, whether there was the purpose of retaliation against the defendant should be determined as the interests of the defendant. However, whether there was the purpose of retaliation against the victim, such as personal relation with the victim, personal situation with the victim, provision of the investigative team, etc., after the defendant's response to the act committed by the victim as retaliation (hereinafter referred to as "providing the investigative team, etc.") and the contents and degree of disadvantage suffered by the defendant due to changes in the investigation or trial process, provision of the investigative team, etc., the background and place of the crime committed by the defendant and the victim only at the time of the crime, the method and manner of the crime including the use of