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(영문) 춘천지방법원 2018.06.22 2017노641
공갈
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal revealed that the defendant's threat of harm and injury was spread to the injured party, and accordingly, the agreement signed on August 27, 2014 (hereinafter "the agreement of this case") and paid KRW 8 million to E, an incorporated association, to pay KRW 13.5 million in accordance with the agreement, and caused it to be replaced with stairs equivalent to KRW 13.5 million. However, the judgment of the court below that acquitted the defendant is erroneous in the misapprehension of legal principles as to mistake and intimidation, etc. in the crime of public conflict.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) the victim purchased the F market on July 8, 2014 (hereinafter “F market”) 2 Blue 1 (hereinafter “victim shopping mall”) and from August 1, 2014, from around August 1, 2014, the Defendant, the second floor director of the F market, who was the second floor, was the victim of the instant shopping mall, was unable to carry out the construction by leaving the victim in front of the Plaintiff at the F market on August 2014 at the F market where “I will not start the construction work, if I continue the construction work, and will do so even if I open the construction work, I would like to do so to do so to do so to the victim within the office of the victim on August 1, 2014.”

The development fund referred to as "to ensure that the construction work is carried out smoothly without opposing the new construction work or impeding the construction work at a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a plenary session," and "to call the victim at a non-fluent place on August 2014 to the effect that "to pay 30 million won from the development fund, and if it is impossible, to pay 7 million won from the development fund, to cause the replacement of the F market static stairs," and that the fluent victim transfer KRW 8 million to the fluent account on September 5, 2014, and the construction cost of KRW 13.5 million to the construction cost on November 2014 is paid."

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