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(영문) 대전지방법원 2016.01.14 2015노1884
공갈등
Text

All appeals filed by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts) 1 did not directly demand that the Defendant himself money and attempted to commit an attack. At the time of the instant case, the Defendant and the victim had already been informed of the relationship between the Defendant and the victim, and at the time of the instant case, the Defendant and the victim had a sexual relationship before and after the instant act. As such, the victim had a sexual intercourse with the Defendant’s speech and behavior, and thus, the victim took any appearance.

shall not be deemed to exist.

The amount of KRW 5 million paid by the injured party to the defendant is one of the proceeds of the forest (K and L, hereinafter "the forest of this case") sold by the defendant to the injured party around 2010.

2) The Defendant did not intend to actively manipulate evidence while filing a lawsuit claiming the purchase and sale of goods against the victim, etc. on October 24, 2013. Moreover, there was no legal dispute as to whether the instant forest was donated or sold, and thus, there was no criminal intent that the Defendant would be subject to a judgment by deceiving the court.

B. The prosecutor’s (unfair sentencing) sentence of the lower court (one year of imprisonment, two years of suspended sentence) is too unfluent and unfair.

2. Judgment on the assertion of mistake of facts by Defendant

A. The lower court’s judgment 1) As a means of attacking the assertion on the crime of attack and the attempts of attack, intimidation refers to restricting the freedom of decision-making or notifying a person of harm and injury likely to be drinking to the extent that it interferes with the freedom of decision-making.

It is sufficient to say that malicious notice does not necessarily need to be made by the method of specification, and that it would be likely to cause harm or injury to the other party by language, behavior, etc.

In addition, even if it is not directly nor indirectly, it may be indirectly made through a third party other than the one who is the one who is the one who is the one who is the one who is the other, and the perpetrator requires the delivery of property or the benefit of property by taking advantage of the illegal circumstances based on his occupation, status, bad sex and career

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