(영문) 서울고등법원 2015.01.23 2014노2163 | 리걸엔진

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자간(%)

(영문) 서울고등법원 2015.01.23 2014노2163

폭력행위등처벌에관한법률위반(공동협박)

Text

1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by a fine of 500,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding of facts against Defendant A) reversed part of the statement made by the investigative agency at the court of original instance. However, in light of the fact that the statement in the court of original instance appears to have been made in the psychological state in which the victim intends to make a favorable statement to the defendant, the victim's statement in the investigative agency is specific, and that the above statement corresponds to the P, Q, R and S's statement, it is more reliable than the statement in the investigative agency of the victim in the court of original instance.

Nevertheless, the court below erred by misunderstanding the facts that found the defendant not guilty without considering the grounds why the victim's statement was reversed and the consistency with the P et al.'s statement was reversed and thereby affecting the judgment.

B. The sentence of the lower court (a fine of three million won) against Defendant B (unfair punishment) is too unreasonable.

2. Determination

A. The judgment of the court below on the grounds of appeal by the prosecutor 1) there are statements made by the victim's investigative agency, each statement made by the defendant P, Q and R investigative agency, and S, an employee of the victim, who is an employee of the victim, as evidence consistent with this part of the facts charged. ① The victim's statement in the above investigative agency is not reliable by attending the court of the court of the court below as a witness, and the victim's reversals it, and ② The remaining statements alone are insufficient to recognize this part of the facts charged, and thus, this part of the facts charged was acquitted. ② The crime of intimidation in the judgment of the court of the court of the first instance refers to informing the victim of harm to the extent that it generally causes fear by viewing them, and the intention as a subjective constituent element of the crime is to recognize and recognize that the actor notifies the harm to such an extent, and the content of the harm notified to establish the crime of intimidation.

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