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(영문) 의정부지방법원 2016.12.22 2016고정278

공갈

Text

The defendant shall be innocent.

Reasons

1. 공소사실 피고인은 2013. 8. 말경 남양주시 C에 있는 D 부동산컨설팅에서 피해자 E에게 오른손 검지와 중지 사이에 연필을 쥔 채로 “F에게 빌린 돈을 나에게 갚지 않으면 눈깔을 쑤셔버린다.”라고 말하며 겁을 주었고, 2013. 10. 일자불상경 피해자에게 다시 “돈을 달라, 죽여버린다, 눈깔을 쑤셔버린다”는 등의 말을 하여 겁을 주어, 이에 겁을 먹은 피해자로부터 2013. 10. 15. 15:00경 남양주시 G 이하 불상지에서 100만 원을 교부받았다.

On November 2013, 2013, the Defendant continued to provide the victim with the statement that “F must pay off the cash to himself/herself” and received KRW 1,00,000 from the victim on November 22, 2013 in front of the Jinyang-si, Jinyang-si, Jinyang-si, who received KRW 1,00,00 from the victim. On February 15, 2014, the Defendant made the statement to the same effect even in the front of the Jinyang-si post office located in the Geumyang-si, Jin-si, Jin-si, Namyang-si, who received KRW 2,00,000 from the victim on February 7, 2014.

2. Determination

A. The burden of proving the facts charged in a criminal trial is imposed on the prosecutor, and the conviction is based on evidence with probative value sufficient to make a judge not to have a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the means of attacking (see, e.g., Supreme Court Decision 201Do7261, Nov. 10, 201). 2) Intimidation refers to the threat of harm and injury that is likely to restrict the freedom of people's decision-making or interfere with the freedom of execution of the decision-making. The threat of harm and injury does not necessarily require the method of specification, and may cause harm and injury to the other party by language or scambling.