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(영문) 서울중앙지방법원 2010.10.05 2009노3623
폭력행위등처벌에관한법률위반(공동공갈) 등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. A public prosecutor 1) In the part of Defendant A against Defendant A, around 13:00 on June 8, 2009, demanded that Defendant A stop posting an advertisement on the said media company by dividing the president H in the public relations office of luminous drugs and demanding that Defendant A stop posting an advertisement on the said media company by dividing the instant media product into the media product through a press conference (hereinafter “the instant press organization”) on the basis of the attached press conference prior to the Japanese journal in Jung-gu, Seoul (hereinafter “the instant press organization”) and then constitutes intimidation as a means of coercion.

B) Defendant B, upon Defendant B’s request, taken the face of the instant reporters’ visit using a camera, and Defendant A participated in, or aided and abetted Defendant A’s commission of, the crime, such as joining H at the seat of Defendant A, or aiding and abetting Defendant A’s commission. 2) The lower court’s punishment (ten months of imprisonment and two years of suspended execution) against Defendant A is too uneasy and unreasonable.

B. Defendant A 1) The fire movement in this case is merely an expression of the intent to make a consumer's impulcule with respect to the luminous medication, but does not constitute intimidation as a means of the crime of public conflict and coercion.

B. Defendant A promised to have H carry out the pop-up shop with the content that “I will not confluent any specific press organization in the future and make efforts to operate an advertisement equally.” In addition, Defendant A would make efforts to hold a pop-up shop with consumers more than in the future, with the content that he would withdraw the campaign on the condition that he withdraws the campaign on the condition that he publishes the advertisement equally, other than the instant press organization, and then the instant non-sale campaign has been terminated.

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