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(영문) 대구고등법원 2020.11.05 2020노279
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Error of facts [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] The defendant made a intimidation to the effect that the victim would withdraw his report to the police station. However, there was no "purpose of return".

The lower court that found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

In addition to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant may fully recognize the fact that the defendant threatened the victim on January 20, 2020 with an intention to prevent the victim from making a statement or submitting materials concerning the investigation of the case in which he threatened the victim on January 13, 2020.

The court below is just in finding the defendant guilty of this part of the facts charged, and there is no error of law by misconception of facts.

The Defendant’s judgment on the assertion of unfair sentencing is against his/her mistake by recognizing all the facts of intimidation against the victim itself, and there are circumstances to take into account some of the circumstances surrounding the occurrence of the instant case, including the previous family relationship between the Defendant and the victim, and the relationship with the F.

However, the crime of this case is committed by threatening the victim by finding the victim in the manpower office operated by the victim who is the former wife, and the victim has escaped from the 112 report due to the defect of the 112 report by the police, and finding the victim's house after receiving a request from the police, and thereby making the victim not make a statement or submit a data, and the crime of this case and its nature and the crime are heavy.

Therefore, even though the victim suffered a considerable mental suffering, such as fear, it was not possible to take necessary measures for recovery of damage, and the victim is punished for the defendant.

In addition, the defendants are allowed to commit the same kind of violence.

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