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(영문) 서울서부지방법원 2013.11.28 2013노620
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts or misunderstanding of legal principles did not threaten the victim D, and merely requested the victim to distribute legitimate profits from the money invested in the victim and received the money from the victim as profit-making, the lower judgment convicting the Defendant of the instant facts charged erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentence sentenced by the lower court of unfair sentencing (Defendant A: 2 years of imprisonment with prison labor for August, 200, and 1 year of suspended sentence of imprisonment with prison labor for April) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. Intimidation, which is the means of coercion or threat, refers to the threat of harm that may be frighten to restrict the freedom of decision-making or interfere with the freedom of decision-making. The threat of harm is sufficient if, even if there is no explicit method, it would have the other party perceived that it would cause harm and injury through speech or action, and may be indirectly made through a third party other than the person under threat. In cases where an actor demands the delivery of property or pecuniary benefits by using illegal perjury based on his/her occupation, status, etc. and where the other party refuses to comply with such demand, it is also the threat of harm and injury (see, e.g., Supreme Court Decision 2010Do13774, Apr. 11, 2013). Here, the realization of harm and injury and injury and the realization of the harm and injury so notified does not necessarily require to be unlawful, and even if used as a means of the realization of the right, the other party’s exercise of the right to such a threat and thereby causes the other party to drinking.

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