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(영문) 부산고등법원 (창원) 2017.03.29 2016노368
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

The summary of the grounds for appeal by the Defendant is as follows: (a) around April 12, 2016, at a restaurant operated by the Victim J (hereinafter “victim”) around 19:45 (hereinafter “victim”) on April 12, 2016, the Defendant argued that the victim did not know his/her name money and did not assault the victim; and (b) at the time, the Defendant did not have the purpose of retaliation against the victim.

On April 13, 2016, the Defendant: (a) even though there was a fact in a restaurant operated by the injured party on April 13, 2016; (b) there was no desire or intimidation to the injured party; (c) did not have the purpose of retaliation at the time; and (d) did not interfere with the injured party’s duties.

Nevertheless, among the facts charged in this case, the judgment of the court below convicting the victim of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Re

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Etc. of Specific Crimes provides for the proviso to investigation, such as filing a complaint or accusation, in relation to the investigation of or judgment on his/her criminal case or another person's criminal case, "the purpose of retaliation against the submission of testimony or materials" or "the purpose of prohibiting the provision of proviso to investigation, such as a complaint or accusation, from submitting a statement or testimony or materials, or of prohibiting the submission of a false statement, testimony or materials, or of causing the cancellation of a complaint or accusation or to submit a false statement, testimony or materials," under the Criminal Act, a crime of assault or intimidation, etc. is punished by imprisonment with prison labor for more than one year which

In this article, the issue of whether an actor has such an objective is personal factors such as the age and occupation of the actor, and the motive and details of the crime.

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