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(영문) 청주지방법원 2014.02.21 2013노657
강요미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: (a) the Defendant talks with C as stated in the facts constituting a crime in the judgment of the court below does not constitute intimidation, which is the means of coercion, in light of the situation at the time of conversation, the intent of the Defendant and the response of C, etc.; and (b) the Defendant was unilaterally abused from J and did not inflict an injury by assaulting J or C, the judgment of the court below guilty all of the facts charged is erroneous in misapprehension

2. Determination

A. As to the allegation in the grounds of appeal on the charge of attempted coercion, intimidation, which is the means of coercion, notifies a person of harm to the extent that the person causes fear. The method is ordinarily based on ordinary language. However, it should be determined by taking into account not only the appearance of the act committed but also the surrounding circumstances, such as the background leading to the act, the relation with the victim, etc., as well as the external appearance of the act committed. Whether the threat is a threat of harm to the extent that the person being threatened in the crime of coercion causes fear should be determined by taking into account the relevant circumstances, such as the duty, social status, rights and obligations of both parties to the act.

(See Supreme Court Decision 2007Do7064 Decided April 29, 2010, etc.). Meanwhile, in order to establish a crime of intimidation, the content of harm and injury notified should be sufficient to cause fear to ordinary people when comprehensively considering the various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, and the degree of friendship and status between the offender and the other party. However, it does not require that the other party in question feel fear, and as long as the other party has recognized its meaning by notifying harm and injury to such an extent, the other party is aware.

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