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(영문) 서울남부지방법원 2018.08.14 2017노1179
협박
Text

The defendant's appeal is dismissed.

Expenses of the trial shall be borne by the defendant.

Reasons

1. The gist of the grounds for appeal lies with the police officer in a dispute with the victim, and the police officer given priority to speaking the defendant who is a male, and there was no harm that may harm the legal interests of the victim.

2. In the crime of intimidation, the term "intimidating" means that a person is generally aware of harm and injury that may cause fear to the person, and the act of notifying piracy may also be conducted by Dong, depending on ordinary language or circumstances (see, e.g., Supreme Court Decision 74Do2727, Oct. 7, 1975). The evidence duly adopted and examined by the court below and the court below (in particular, the CCTV image CD on which the site of this case is taken). The defendant was in sight due to driving on the road, and talks about the damaged person. The victim requested the police officer to leave the police station of Yangcheon-gu, and the victim assisted the victim, and the defendant's act of making a speech between the defendant and the injured person before and after the harming the victim, the defendant's act of keeping the victim's body before and after the harming the defendant's movement constitutes a crime of intimidation under custody of the victim's body, and as such, the defendant's act of keeping the victim's body was without sufficient consideration of the defendant's body.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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