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(영문) 부산고등법원 (창원) 2015.03.18 2014노383
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the crime of Paragraph 4 of the judgment below as stated in the judgment of the court below, the Defendant was in a state of mental disorder by drinking alcohol and was in a state of mental disorder. 2) As to the crime of Paragraph 1 of the judgment of the court below in misunderstanding of facts, the Defendant was found to have received the victim C as head, but there was no fact that the Defendant inflicted an injury, such as cage cage, etc. which requires six weeks of medical treatment on the part of the victim

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

3) According to the statements made by the defendant of mistake of facts or misapprehension of legal principles in an investigative agency or the statements made by the J in the original court, the defendant, as stated in Paragraph 5 of the facts charged, knew that the victim was at the location of the victim at the time of taking a bath or, at least through K or J, knew that such speech would be delivered to the victim, and thus, the defendant is not guilty of intimidation for retaliation purposes.

However, the lower court rendered a not guilty verdict on this part of the facts charged on the ground that it is difficult to view that there was an intentional intimidation. In so doing, the lower court erred by misapprehending the legal doctrine on intentional act among subjective elements of the crime of violating the Act on the Aggravated Punishment, etc.

2) The above sentence imposed by the court below on the grounds of unfair sentencing is too unhutiled and unfair. 2. The prosecutor of the judgment ex officio on the grounds that the court below found the defendant not guilty among the facts charged in the case at the trial of this case, "a person who is in violation of the Act on the Aggravated Punishment, etc. of Violences, Etc. (the name of preliminary crime while keeping the facts, such as intimidation,

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