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(영문) 서울고등법원 2017.03.03 2016노4139
공갈
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant told the owner or employee of the business to have his / her son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

However, in the instant marina business establishment and coffee shop, employees et al., and the Defendant requested compensation for damages, such as medical expenses, etc. by using a method such as display of literature or fighting dynamics, and did not take money.

B. The Defendant, for a long time, suffered from mental illness, such as uneasiness, uneasiness, depression disorder, and shock disorder, etc., and such mental illness at the time of the instant case had weak ability to discern things or make decisions.

(c)

The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination:

A. 1) Determination as to the assertion of misunderstanding of facts refers to a threat of harm that may be frighted to restrict a person’s freedom of decision-making or interfere with a person’s freedom to enforce a will, and a malicious notice is sufficient if it does not necessarily require a method of specification and causes the other party to be aware that it would cause harm and injury. Even if it is used as a means of realizing a legitimate right, if the means and method of realizing a right exceed the permissible level and extent under the common sense of society even if it is used as a means of realizing a legitimate right, it shall be deemed that the implementation of the crime of public conflict has been commenced. Whether certain act exceeds the permissible level and scope under the common sense of society should be determined by comprehensively taking into account the subjective and objective aspects of the act, i.e., the purpose and method selected (see Supreme Court Decision 2013Do6809, Sept. 13, 2013).

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