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(영문) 부산지방법원 2018.08.16 2018노2055

공갈미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of this part of the facts charged, although there was no misunderstanding of facts and misunderstanding of legal principles 1) misunderstanding of the fact that the defendant attempted to commit an attempted offense as stated in paragraph 1 of the facts charged, and the defendant did not make a threatening speech to the victim as stated in paragraph 1 of the facts charged. The

B) The court below found the Defendant guilty of this part of the facts charged, which is erroneous in the misapprehension of legal principles, since the Defendant’s speech as above is a legitimate exercise of the right to receive a loan against the husband of the victim’s husband to the extent that it can be accepted in light of social norms.

2) The Defendant’s act of intimidation, as described in the facts charged, constitutes a justifiable exercise of the right to obtain a loan against the husband of the victim to the extent acceptable in light of social norms, and thus constitutes a justifiable act. However, the lower court found the Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of KRW 3,000,000) is too unreasonable.

2. Determination

A. On January 2017, the Defendant: (a) borrowed KRW 5 million to the husband of the victim C (M, 34 years of age) around January 2017; and (b) was not returned to the victim after the due date; and (c) had received KRW 50 million under the name of the compensation for confinement, the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine of the facts of the facts of the Defendant; and (d) had received money directly from the victim.

At around 19:35 on February 7, 2017, the Defendant called the victim and called the victim for about 40 minutes, “at least 10 minutes, I would like to use the door-to-date tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin tin, and I would like to go in this manner.”

“I am, I am,” and “I am.”