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(영문) 서울고등법원 2021.02.04 2020노1879
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) the sentence (one and half years of imprisonment, and confiscation) imposed by the Defendant by the lower court is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

After assaulting the victim E, the defendant filed a complaint with the police for assaulting the victim himself, and the victim D, who is also aware of the fact that he filed a report on his indecent act by force, had a knife and a knife, which is a dangerous object for the purpose of retaliationing the victim, and had the victim found the restaurant operated by the victims, used the knife or knife the knife to the victims, and damaged the above knife by the knife.

In light of the fact that the total length of the knife used by the Defendant for the instant crime is 24 cm, the knife length is 12 cm, and the total length of the knife was 36 cm, and that the means and method of the instant crime were considerably dangerous, and that the situation was urgent and serious to require the victim D to help the police team at the time of the instant crime, it is not good to the nature of the crime, and there is no good condition after the crime, such as putting dangerous things and resistance against the police officer who intends to restrain the Defendant.

In particular, the crime of intimidation for the purpose of retaliation against the reporting or filing of the damage related to his criminal case is likely to infringe not only the personal legal interests of the victim, but also hamper the criminal justice function of the state such as investigation and trial.

It seems that the victims suffered mental shock and pain due to the crime of this case, and there are many property damage caused by property damage.

Nevertheless, the defendant agreed with the victims or did not reach the recovery of the damage, and the victims want to take severe punishment against the defendant.

Such circumstances are disadvantageous to the defendant.

On the other hand, the Defendant committed the instant crime.

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