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(영문) 부산고등법원 2016.07.14 2015노793
특정범죄가중처벌등에관한법률위반(보복협박등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of the legal principles) although the Defendant made a ditch with the victim several times (Provided, That the frequency is less than 10 times) and there is no statement of intimidation with the same content as the criminal facts stated in the original judgment, the lower court, as stated in the facts constituting the crime in the lower judgment, has threatened the victim more than ten times as indicated in the facts constituting the crime in the lower judgment.

Therefore, the judgment of the court below is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B) Even if the Defendant made the victim’s words such as the list of crimes listed in the attached Table in the holding of the court below, it does not constitute a threat of harm and injury by merely taking a bath, but does not take a retaliation for the purpose of retaliation, the court below found the Defendant guilty on the ground that the contents indicated in the crime list constitute a threat of harm and injury committed for the purpose of retaliation. Thus, the court below erred by misapprehending the legal principles on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) and thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court against the Defendant (two years of imprisonment with prison labor for six months, two years of probation, and 80 hours of community service order) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the defendant is too unhued and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. As to the Defendant’s assertion that there was no statement itself, such as the list of crimes attached to the judgment of the court below, the Defendant also asserted the same purport in the court below, and the court below rejected the Defendant’s assertion for the reasons as stated in its reasoning. In light of the various circumstances in the judgment of the court below, which the court below used as the basis for its judgment, the judgment of the court below is just and acceptable, and the court below’s decision is the witness of the court of first instance.

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