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(영문) 제주지방법원 2020.02.06 2018노676

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. Determination on the grounds for appeal

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant submitted the relevant application upon request by the victim C to prepare an application for seizure and collection order, but was ordered by the court to correct the address of the obligor.

Although the defendant is not included in the scope of business originally agreed, the defendant was ordered to make an amendment after confirming the debtor's address in the trial records, etc., but the amendment was made again.

The victim C visited the office of the defendant and continued to perform the work related to the correction of address free of charge, and the defendant rejected the above unfair request of the victim C.

The victim C returned fees already paid to the defendant, tried to dump the defendant, and taken a cell phone image without the defendant's request for eviction, and accessed the defendant.

Accordingly, the Defendant, while defending the electric shock machine that has been prepared with a defensive credit, said that the victim C is “A, I, and I, if you move, I, and I,” .

Nevertheless, the victim C continued to comply with the eviction and taken a dynamic image, and the defendant reported the victim C to the police, and then scam the cellular phone to protect the portrait rights.

The defendant's act constitutes self-defense to prevent the current infringement of his/her legal interest.

B. A special intimidation against the victim F was made by the Defendant visiting the apartment house in which the victim F was friendly with the J, and the victim F, the security guard, at the time, could not enter the victim's house or head of the Dong who visited the defendant and visited him.

피고인이 평소에는 특별한 제한 없이 아파트 방문이 허용되었다는 취지로 항의하자, 피해자 F는 욕을 하며 주먹을 쥔 채 '법이 없으면 때려...