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(영문) 의정부지방법원 2015.07.24 2015노256
협박
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of KRW 1,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, such as the victim G’s statement, etc., the prosecutor (as to the non-guilty part of the judgment below, Defendant A and B), Defendant A acknowledged the victim’s specific harm and injury by notifying the third party’s department, and Defendant B sufficiently recognized that the victim’s kindergarten operation was obstructed by exercising the victim’s right by exercising force, such as taking the victim’s bath at the president of the F kindergarten room, avoiding disturbance, etc. However, the judgment of the court below acquitted all of the charges on this part of the facts charged, which affected the conclusion of

B. Defendant C’s penalty of KRW 2 million imposed by the lower court is excessively unreasonable.

(The defendant explicitly withdraws his assertion of mistake of facts on the date of the first instance trial). 2. Judgment

A. On September 18, 2013, Defendant A, at the early 18:00 on September 201, 2013, notified the victim of the following legal principles, namely, the harm and injury that was notified in order to establish a crime of intimidation, by having contact with the victim G (the 50-year old age) who is the head of F kindergarten at one’s home, with the intent to receive wages as a result of being unable to receive wages, and by having contact with the victim G (the 50-year old age), who is the head of F kindergarten at one’s home, with the intent to receive wages, and by having the victim go against the victim’s mobile phone, “I would see that the father’s money would be all available, I would go back to the public, and would not be able to take a banner, and I would not know.” The court below made a decision at one’s own court and the court below, taking into account the following circumstances: (a) the perpetrator’s tendency, surrounding circumstances at the time of the notification, degree of friendship between the offender and the other party, and the third party.

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