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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The lower court found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Intimidation, etc.) and each of the violation of the Act on the Aggravated Punishment, etc. of Police Officers on February 13, 2018 and February 14, 2018 among the facts charged in the instant case. The lower court acquitted the Defendant of each of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and each of the intimidation on February 12, 2018.
The Defendant appealed on the guilty portion on the ground of unfair sentencing, and the Prosecutor appealed on the guilty portion on the ground of mistake of facts on the ground of unfair sentencing.
Therefore, each of the defendant's intimidation is separated and confirmed. The scope of this court's trial is limited to the guilty part and the acquittal part of the defendant.
2. Summary of grounds for appeal;
A. The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.
B. Prosecutor 1) The statement of the victim Q of misunderstanding facts is inconsistent, reasonable, and inconsistent with other evidence, and can be sufficiently believed. Accordingly, the Defendant’s crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was established as of February 13, 2018 and February 14, 2018. Nevertheless, the lower court acquitted each of the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court on the Defendant is too unreasonable.
3. Determination
A. As to the prosecutor’s assertion of mistake of facts, the lower court’s summary of the judgment on each violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the charges of intimidation, intimidation, etc.) dated February 13, 2018 and February 14, 2018, based on the evidence consistent with the above facts charged, made intimidation to the same content as this part of the facts charged.