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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.06.09 2016노237
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant was only the victim to arbitration a dispute resolution method between E and the victim G, and there was no harm or injury inflicted on the victim.

E explained that, in case of extreme choice, damage may be inflicted on the victim.

Even if the defendant cannot decide on the act of E, the defendant's act does not constitute a attack.

2. Examining the following circumstances found by the evidence duly admitted and investigated by the lower court along with the overall contents of the Defendant’s statement, the lower court may sufficiently acknowledge the fact that the Defendant, as stated in the facts charged, exercised a certain influence on the victim or his/her family members, etc., and, as such, demanded the victim to pay a certain amount of 50 million won to E, and the victim to pay a certain amount of money by giving the victim a heavy amount of money.

Defendant’s assertion is without merit.

① In relation to requiring the victim to hand over real estate (O) on the part of E, the Defendant argues that it is difficult for the victim to complete extradition execution upon winning a favorable judgment even if the victim filed a claim for extradition, the victim would face serious difficulties, and the victim should pay a certain amount of agreement to E and treat it smoothly.

② Although patients and their families in the Training Center resisted to resist or exercise their real force against the victim, the Defendant himself/herself prevents them from doing so, and even E continues to persuade them so that they do not make a stimulative choice, such as suicide, etc., so he/she would no longer continue to make the above efforts even if he/she does not appear to have the gender. In certain cases, he/she should be aware that he/she does not continue to make the above efforts.

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