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(영문) 서울고등법원 2014.12.04 2014노2695
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, intimidation around April 12, 2014.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, after being detained due to the mistake of facts and misapprehension of legal principles (not guilty in the grounds), threatened the victims with the purpose of retaliation against the return of ten months in prisons in prisons after being detained due to the victim G and H’s report.

Nevertheless, since it is difficult to recognize that there was the purpose of retaliation against the defendant's act, the court below found the defendant not guilty of each charge, the court below erred by misapprehending the legal principles on the purpose of retaliation against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

B. The sentence imposed by the lower court (one year of imprisonment) is too uneased and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. A. Around October 2012, the summary of the facts charged is that the Defendant, under the influence of alcohol at the victim G(56 years of age) and the victim H(50 years of age)’s “I” restaurant operated by Gangdong-gu Seoul Metropolitan Government, detained the victims at the victim’s report and detained him/her for ten months in prison. The victims’ report related to the instant case and the victim’s statement were taken at the victim’s front of the said restaurant, and (1) on April 12, 2014, the Defendant died of the victim G at the victim’s front of the said restaurant, saying, “I would die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I will die. I. 2. I. 2. 2. 4 years of age from April 17, 2013 to April 24, 2013, I would have died of bit 4 years of bit.”

B. The lower court’s determination is based on its adopted evidence.

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