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(영문) 서울고등법원 2014.03.06 2013노3932

특정범죄가중처벌등에관한법률위반(보복범죄등)등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Prosecutor's Grounds for Appeal

A. In full view of the evidence submitted by the prosecutor, such as statements in the victim investigation agency, the defendant was found to have been aware that the defendant at least did not go beyond the exaggeration of the circumstance violates the objective facts, and thus, the court below found the defendant guilty of the charges concerning the defendant's accusation, and found the defendant not guilty. The court below erred in the misunderstanding of facts and the violation of

B. The threat of harm and injury in the crime of extortion does not necessarily require a clear method, and may be indirectly made through a third party. In the case where an actor demands the delivery of property by using an illegal consolation, and the other party does not comply with such demand, the threat of harm and injury is also a threat of harm and injury, and where the other party does not respond to such demand, the evidence submitted by the prosecutor, such as the victim's statement, etc., in full view of the evidence submitted by the investigation agency in the victim's investigation agency, the court below found the defendant guilty of the charge of attempted attack, but the court below acquitted the defendant.

Summary of Facts chargeds of Non- Accusation and Attempted Bribery

A. On October 10, 2012, the Defendant: (a) prepared a false complaint stating that “E’s husband, on August 24, 2012, found his/her husband in his/her residence and left him/her in his/her official door,” and submitted it to the police officer under his/her name in his/her name, for the purpose of having K receive criminal punishment on the paper of the complaint that was kept in his/her place at the public service center of the Dongcheon Police Station in the Gyeonggi-gu Seoul Special Metropolitan City, Gyeonggi-do, Gyeonggi-do, Seoul Special Metropolitan City on Oct. 10, 2012; and (b) submitted it to the police officer under his/her name in his/her name in his/her place of residence on January 5, 2013; and (c) made a supplementary statement at the Criminal Team of the Seocheon Police Station on the 11st of the same month.”