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The judgment of the court below is reversed, and the case is remanded to Daejeon District Court.
Reasons
The grounds of appeal are examined.
1. In full view of the fact that the Defendant attached to the head of the office where he resides with his parents, and that the Defendant demanded money more than ten times a day from the crime of the instant attack, and sent mobile phone text messages containing abusiveism and intimidation of the victim, the lower court convicted the Defendant on the ground that even if the Defendant had monetary claims against the victim, it can sufficiently recognize the fact that the Defendant received money by threatening the victim by means of means and methods that are difficult to be acceptable by social norms, even if there is monetary claims against the victim.
2. However, such judgment of the court below is hard to accept for the following reasons.
Intimidation as a means of the crime of threat refers to the threat of harm and injury that is likely to be hot enough to restrict the freedom of decision-making of people or to obstruct the freedom of decision-making. A threat of harm and injury is sufficient if it does not necessarily require the method of specification, and it is sufficient to have the other party recognize that the harm and injury would result in any harm and injury. Even if such a threat is used as a means of the realization of legitimate right, if the means of the realization of right exceeds the permissible level or scope under the social norms even though it is used as a means of the realization of legitimate right, it shall be deemed that the implementation of the crime of threat and if the means of the realization of right exceeds the permissible level or scope under the social norms. Whether an act specifically exceeds the permissible level or scope under the social norms should be determined by comprehensively taking into account
(See Supreme Court Decision 94Do2422 delivered on March 10, 1995). B.
According to the evidence duly admitted by the court below, the victim is the defendant.