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(영문) 광주고등법원 (전주) 2018.01.23 2017노137
특정범죄가중처벌등에관한법률위반(보복협박등)등
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal doctrine 1) The Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Refluence, etc.) and said, at the time of telephone conversations with the victim C around September 19, 2016, around around 02:28, around September 27, 2016, around 01:31, around November 7, 2016, and around 01:58, the Defendant first heard a severe desire from the victim C and stated in the facts charged. As such, the Defendant’s act does not constitute intimidation for the purpose of retaliation, nor constitutes a legitimate defense or legitimate act. However, the lower court erred by misapprehending the facts charged or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The Defendant suffered an injury from the Victim G at Fju on November 19, 2016 around 19:00, due to an assault from the Victim G, and did not inflict an injury on the Victim G, as described in the facts charged, and even if the Defendant had inflicted an injury on the Victim G, as described in the facts charged,

Even if this does not constitute a crime because it constitutes a legitimate defense or a legitimate act, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

3) On November 25, 2016, the Defendant, at around 16:00 on November 25, 2016, did not unilaterally assault the victimJ with the victim J, and the Defendant’s act does not constitute a crime because it constitutes a legitimate defense or legitimate act. However, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

4) Since the Defendant, at around 15:30 on December 12, 2016, suffered an assault from the victim K in the victim K and D, the Defendant respondeded to the assault first from the victim K in the I parking lot.

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