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(영문) 서울고등법원 2014.08.28 2014노1372
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to mistake of facts, ① Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) (Article 2013Dahap335 of the Seoul Northern District Court case) (Article 2013Dahap335 of the Seoul Northern District Court case), the defendant only intended to demand compensation for injury inflicted upon the victim E, and there was no retaliation against the said victim. ② In relation to the violence against the victim H (Article 2 of the Seoul Northern District Court case 2013Dahap385 case, the part of the Seoul Northern District Court 2013Dahap385 case), although the defendant was merely sprinkling or head of the victim H, it was nothing more than sprinking that the defendant did not live or head, but the court of first instance recognized it and found him guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and assault against the victim H as stated in its reasoning, thereby affecting the

B. As to the insult of the legal principles (Article 2 of the Seoul Northern District Court case No. 2014Gahap888), the offense of insult may be prosecuted only upon a complaint. Since the victim Y cancelled the complaint against the Defendant on March 26, 2014, prior to the pronouncement of the first instance judgment after the prosecution of this case, the first instance court erred by misapprehending the legal principles, despite the fact that the judgment dismissing the prosecution of this part of the facts charged, the judgment of dismissing the prosecution of this case should be pronounced, the judgment of the first instance court is erroneous.

C. The first instance sentence of unfair sentencing (one year and six months of imprisonment, and one million won of fine) is too unreasonable.

2. Determination:

A. Determination of mistake of facts 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the first instance court with respect to the crime of intimidation, intimidation, etc.) (the crime of intimidation, threat, etc.) is based on the following circumstances acknowledged by the evidence of the victim E, namely, ① the Defendant, upon the victim E’s report by the police investigation on September 29, 2013, sent the victim each call on October 4, 2013 and October 14, 2013 adjacent to the police investigation.

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