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(영문) 대법원 2013.11.28 2011도5328

강요등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to Defendant A’s grounds of appeal, the lower court upheld the first instance judgment convicting Defendant A of the facts charged that Defendant A, in collusion with Defendant B and C, transferred the shares of Q Q (hereinafter “ Q”) by threatening the victim R to transfer the shares of Q (hereinafter “P”) and caused R to perform an act for which he was not obligated, by taking account of the circumstances as indicated in its reasoning.

Examining the relevant legal principles and the evidence duly adopted by the first instance court maintained by the court below, the above measures of the court below are just and acceptable, and there is no violation of the rules of evidence or misapprehension of legal principles as to the establishment of coercion by joint principal offenders, as otherwise alleged in the grounds of appeal.

2. As to the grounds of appeal by Defendant B, C, and D, the lower court maintained the first instance court’s conclusion that found Defendant B, C, and D guilty on the grounds of its stated reasoning as to the point of coercion against Defendant B, and C, and the obstruction of duties and search for a room against Defendant B, C, and D.

Examining the relevant legal principles and the evidence duly adopted by the first instance court maintained by the court below, the above measures of the court below are just, and there is no error in the misapprehension of legal principles as to the violation of the rules of evidence, coercion, crime of interference with business, and crime of search and seizure by the defendant B, C, and D, as otherwise alleged in the ground of appeal.

3. As to the Prosecutor’s Grounds of Appeal

A. The court below held that Defendant A forced the resignation part of the Q representative director of Defendant A with respect to the resignation part of Defendant A, interference with the business, and search for room of room, in collusion with Defendant B, etc., forced Defendant A to resign from office of Q representative director on September 19, 2008 by threatening the victim R, and obstructed the victim AB and AH’s business by force on September 29, 2008, and searched the president’s office.