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(영문) 대구고등법원 2019.03.28 2018노523
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and three months.

Of the facts charged in this case, April 11, 2018.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on April 11, 2018, the Defendant sent the instant text message to the victim’s husband, not by sending the text message “I will accept the victim’s demand for reimbursement of damages (hereinafter “the instant text message”), rather than sending it to the victim’s husband, such as informing the victim B (hereinafter referred to as the victim’s husband of the fact of money borrowing. I wish to accept the victim’s demand for reimbursement of damages.”

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. On April 11, 2018, the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was committed against the victim on or around March 5, 2018, the Defendant was aware of the criminal charge committed against the victim on or around March 5, 2018, and the victim was discovered to have lent her husband’s money to the victim’s family when he/she was aware of the fact that the her husband’s lending of the her husband’s money was likely to cause infiniteing that her husband was in a relationship with the victim.

At around 10:01 on April 11, 2018, the Defendant sent several letters to the effect that “I would see that I would see that I would see that I would see I would see that I would see I would see that I would see I would see I would see that I would see I would see I would see I would see I see I see I am, once you would see I see I am. I am. I would see I am. I am. I would see I am. I am. I am. I would am. I am. I would am. I am. I am. I would am. I would am. I am. I would am. I am.

Accordingly, the defendant is investigating his criminal case.

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