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The judgment of the court below is reversed.
The case is remanded to Seoul Northern District Court Panel Division.
Reasons
1. The summary of the grounds for appeal is sufficient if "the purpose of clothes" provided for in Article 5-9 of the Act on the Aggravated Punishment, etc. of Specific Crimes does not require active or conclusive recognition, and it is sufficient to have the purpose of retaliationed against the defendant at the time of the assault. In full view of the statement of a consistent victim revealed during the investigation process, the fact that the defendant abused the victim for the purpose of retaliation is recognized, but the court below erred by misunderstanding of facts or misunderstanding of legal principles.
2. Determination
A. The summary of the facts charged is that on March 21, 2012, the Defendant: (a) at the main point of “F” operated by the victim E (M, 46 years of age) in Dongdaemun-gu Seoul, the Defendant: (b) laid away from the victim’s head; and (c) made the victim’s head by verbally doing so; (d) on March 27, 2012, the Defendant was charged with a summary charge of KRW 3 million in the Seoul Northern District Prosecutors’ Office on March 27, 2012; and (c) was ordinarily returned to the Defendant.
5.3. The Seoul Northern District Court 2012 Godan883 was considered to have received a writ of summons and a copy of indictment in the case of injury.
At around 01:00 on May 24, 2012, the Defendant: “Around 01:00, the Defendant was subject to criminal punishment as above at the above main point, i.e., “A fine of KRW 3 million was imposed on the victim due to her fluence; ii) fluorddddly, “I am at a low time,” and gred, “I am at once. I am at once, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.
As a result, the defendant assaulted the victim for the purpose of retaliation against the provision of investigation teams and statements in connection with the investigation of his criminal case.
B. The criteria for determining whether “the purpose of return” is “the purpose of return” under Article 5-9 of the Act on the Aggravated Punishment, etc. of Specific Crimes.