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(영문) 의정부지방법원 2016.03.25 2015고단2080
특수협박
Text

The defendant shall be innocent.

Reasons

1. On April 3, 2015, the Defendant was present at a related meeting for the allocation of the hours of use of the blick-gate 303 Dop-ro 618, 303, in a parking lot located in the Yangju Facility Management Corporation of the Yangju Facility at Yangju City on April 14:0, 2015, and the victim C (41 years old) was under the age problem, and the victim C (41 years old) went to the meeting place and went to the meeting place, set golf bonds, which are dangerous objects in the between the between the roads in the Defendant’s vehicle, and discarded the victim’s “.....”

“In the end, the victim threatened the victim.”

2. Intimidation in the crime of intimidation refers to a threat of harm to the extent that it may cause a person to feel a threat. As such, an intentional constituent element of a subjective constituent element does not require an actor's awareness of, or citing, such a threat of harm to that degree. However, if the perpetrator's speech or behavior is merely an expression of a simple emotional humiliation or temporary dispersion, and it is objectively evident that the perpetrator has no intent of intimidation in light of surrounding circumstances, it shall not be acknowledged that the perpetrator's intent of intimidation or intimidation is objectively evident. However, whether there was a threat or intent of intimidation within the above meaning should be determined by comprehensively taking into account not only the appearance of the act, but also surrounding circumstances, such as the background leading to such act, the relationship with the victim, etc. (see Supreme Court Decision 2006Do546, Aug. 25, 2006). In light of the aforementioned circumstances, it is deemed that the perpetrator's expression of harm and injury duly adopted by the court beyond the aforementioned evidence and thus, it is a temporary expression or expression of harm as mentioned below.

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