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(영문) 서울서부지방법원 2014.07.17 2014노123

협박등

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, insult.

Reasons

1. Summary of grounds for appeal;

A. On September 17, 2010, the Defendant’s intimidation around 15:40 on September 17, 2010, does not constitute intimidation because the Defendant made FF the same remarks as written in the facts charged and made F transfer F to the victim. (2) On October 8, 2010, the Defendant’s intimidation was merely a mere expression of the victim’s emotional desire or temporary labor, which was incurred at the end of the dispute, and the remainder of the emotional desire or temporary labor that was expressed at the end of the dispute, and does not constitute intimidation, and thus does not constitute intimidation.

3) Since the Defendant’s insult was expressed in a state where only the victim and his employee were expressed, the offense of insult is not established because of lack of performance. B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 500,000) is too unreasonable.

2. Determination

A. On September 17, 2010, as to intimidation, around 15:40 on September 17, 2010, the Defendant: (a) applied for a change of part of the facts charged by the prosecutor on the third trial date of the first instance trial; and (b) reflected the content permitted by the competent court of the trial; (c) on September 17, 2010, the Defendant sent a phone call to the restaurant with the trade name “E” located in Kimpo-si D operated by the injured Party C; and (d) knows his employee “C’s husband attends any school.” The Defendant’s face humbing off to C. The Defendant sent the same speech to the victim around the same day, thereby threatening the victim. (d) According to each legal and police statement and police statement of the witness C and witness F of the trial at the lower court, according to the judgment of the lower court, the Defendant could not be found to have been aware of the facts that the Defendant made the statement to F and made the statement to C.

B. In relation to the crime of intimidation on October 8, 2010, the term "in the crime of intimidation" means the threat of harm to the extent that it may cause a person to feel a fear, and the crime of intimidation may be deemed at least possible to be established.