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(영문) 서울고등법원 2018.07.18 2018노1093
강요미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant and N’s telephone recording file constitute illegally collected evidence, not as N, but as F, a third party recording of a telephone conversation.

B) On July 2013, 2013, the Defendant did not have any intimidation on N in the Z hotel hotel at Zn, and the content of telephone communications with N in the same month did not constitute intimidation to the extent that the Defendant did not respond to the question of N in order to verify the truth of the President.

Only mentioning the influence, investigation or possibility of investigation of C shall not be a threat.

C) The President’s unlawful intent merely gave advice to minimize the losses of G companies that may arise due to the presidential intent, and there was no fact or no intention of coercion with the President to cause the victims to engage in an unobligatory act, such as leaving them out in the management line.

D) Considering the fact that the extinguishment of the president and large enterprises may have a significant impact on the economy, it is also necessary for G companies to smoothly apply the relationship with the president so that they do not take into account the past conditions of other companies.

Although the President's instructions were illegal, the defendant tried to legally perform the instructions within his/her duties, so there was no intention of coercion, and it is justified as a legitimate act due to his/her duties.

E) In order to prevent G companies from being in an unnecessary difficult position, the Defendant did not have any possibility of expectation for other acts as C, as well as delivering the presidential instructions.

2) The sentence of the lower court’s unfair sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) Whether it constitutes illegally collected evidence, the Communications Secrecy Protection Act.

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