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(영문) 서울고등법원 (춘천) 2017.04.19 2017노5
특정범죄가중처벌등에관한법률위반(면담강요등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal doctrine, Defendant 1, “I wish to inform the victim of the fact that the victim does not have sexual intercourse.”

There is no fact that “the victim was frighted” and said victim was frighted.

B) The crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is established when there is a danger that criminal justice procedures may be obstructed, such as seeking to destroy evidence or having intent to harm the victim or witness to testify, etc. As such, the Defendant committed assaulting the victim with his/her intention to deprive him/her of smart sense due to his/her refusal to transmit conversations between the police officers. As such, the crime is not established.

2) The lower court’s sentence (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, 1) The Defendant would inform the Defendant of the fact of sexual intercourse to the Defendant.

Whether or not “the victim was frightened and frightened,” the victim appeared as a witness in the court of original instance, and “The defendant sent words to the witness who entered the house to the effect that he would cause fright to our relations with the witness who entered the house.”

The Prosecutor responded to the Prosecutor’s question “........”.

However, since the witness must do so, it is not necessary to put the word "to wait at a coffee shop".

The answer was also made to the attorney’s question as “e.g.,”

On August 18, 2016, the victim receives a witness examination from the police station on August 18, 2016, and “in other places on the Defendant’s cell phone”

The defendant is waiting to wait without being in front of his office.

In addition, the author dividess the first type of human body on the inside of the report, and his relationship with the author.

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