협박
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant, by misapprehending the legal doctrine, has temporarily expressed anger while misunderstanding of facts or having a dispute with the victim, and did not have the intention of intimidation.
B. The sentence sentenced by the lower court to the Defendant (2 million won in penalty) is too unreasonable.
2. Determination
A. In the crime of intimidation of facts or legal principles, the term "in the crime of intimidation" refers to the threat of harm to an extent that would normally cause fear to a person by viewing it as a matter of view. Thus, the subjective constituent element of the subjective constituent element is not required to realize the intent or desire of the perpetrator to actually realize the harm that the perpetrator knew to such an extent that it would cause harm and injury (see Supreme Court Decision 90Do2102, May 10, 1991). 2) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, which are, namely, the facts acknowledged by the evidence duly adopted and investigated by the court below. The defendant was sentenced to a fine of KRW 210,50,000,000, 1000, 2000, 2500,000,000 won, after the victim D was put in the drafting of the damaged person on August 18, 201, on the ground that it would be false.
In full view of the fact that the victim was actually receiving a mental treatment due to the dispute with the defendant, the circumstances leading up to the crime of this case, the occupation of the defendant, etc., it is deemed that the defendant notified the victim of harm that could cause fear to the victim even if the victim did not have any intention or desire to actually realize the harm that the defendant notified at the time that the victim would not have any intention or desire to do so.
The defendant's assertion of facts is without merit.
B. The criminal defendant, who was unfair in sentencing, denies the instant crime until the trial is held.