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(영문) 창원지방법원 2017.02.09 2016노1967
폭력행위등처벌에관한법률위반(공동공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not notify the victim of harm exceeding the permissible level and scope under social norms. Thus, the judgment of the court below which convicted the defendant is erroneous in the misunderstanding of facts and misapprehension of legal principles.

2. Determination

A. As a means of conflict with the legal doctrine, intimidation refers to the threat of harm and injury that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making. Bad faith notice is sufficient if it does not necessarily require a clear method and had the other party recognize that it would cause harm and injury to the other party. Although such notice is used as a means of realizing legitimate rights, if the means of realizing the right exceeds the permissible level or limit under the social norms, it shall be deemed that the crime of conflict was commenced. Whether certain acts in this context exceed the permissible level or limit under the social norms should be determined by taking into account the subjective and objective aspects of the act, namely, the purpose and method selected as a whole (see Supreme Court Decision 94Do2422 delivered on March 10, 195).

If the money is not repaid, it shall be made in the fresh of marriage.

Sheed lyings, whether or not,

I am you would not believe that he will not be married. I would like to sit in a marriage ceremony and receive money.

“Along with the words “,” and creating a dangerous atmosphere by cutting down the surrounding waste source (Article 133, 136 of the investigation records, Articles 121, 125 of the trial records, 125 of the investigation records, etc.).

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