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(영문) 창원지방법원 2017.10.11 2017노1570
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The defendant's abuse of children for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts or misapprehension of the legal doctrine) The Defendant, in cash, was in custody of the victim E, has a monetary claim against the said victim, such as lending KRW 20 million around August 2008, KRW 30 million around around around 2009, KRW 70 million around August 201, KRW 50 million around September 201, and KRW 50 million around the above victim’s repayment. The Defendant merely received reimbursement by urging the said victim to do so, and there was no intimidation exceeding the permissible level in light of social norms.

B) At the request of the victim E, the Defendant was in charge of the victim F, extracurricular lessons and life guidance for G for a period of seven years. While the Defendant committed abusive and verbal abuse during the duplicative development, there was no intentional assault against the victimized children, or coercioning the victimized children to commit suicide by forcing them to commit the suicide, etc. (misunderstanding of the facts about the crime Nos. 3, 5, 6, 7, 9, 10 on a year indicated in the list of crimes violating the Child Uniforms Act in attached Form 2 of the lower judgment).

B. Prosecution’s improper sentencing

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or legal doctrine, intimidation refers to the threat of harm and injury sufficient to restrict a person’s freedom of decision-making or interfere with a person’s freedom to enforce a will. Here, the realization of harm and injury notified here does not necessarily require that the realization itself is unlawful and is used as a means of realizing a right, even if the threat of harm and injury is used as a means of realizing a right, and if the means of exercising a right exceeds the permissible level or scope under the common sense of society, a crime of coercion is established.

In addition, in order to establish a crime of conflict due to the acquisition of one's property gains, there should be an act of disposal that gives property benefits to the person subject to conflict such as assault or intimidation.

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