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(영문) 서울중앙지방법원 2016.09.02 2016노1425
명예훼손등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

(a) The sentence of imprisonment of the first instance (six months of imprisonment, two years of suspended execution) by the prosecutor is too unhued and unreasonable;

B. Defendant 1) misunderstanding of the legal principles as to attempted attempts to attack Defendant F Co., Ltd. (hereinafter “victim Co., Ltd.”)

) The documents, text messages (hereinafter “instant documents”) and “the instant text messages”) sent or transmitted to L/L by the Head of the General Affairs Team to L/L.

The content of the victim company’s wrongful conduct is merely the purport of filing a criminal charge against its executives and employees and informing the audience, media, etc. of such fact. Thus, it cannot be deemed that the Defendant’s act did not constitute intimidation to the freedom of decision-making beyond the scope permitted by social norms. Therefore, the first instance court convicted the Defendant of this part of the facts charged, and the first instance court erred by misapprehending the legal principles on the crime of conflict. 2) The first instance court’s punishment of unfair sentencing is unfair because it is too unreasonable.

2. Determination:

A. As a means of attacking a misapprehension of the legal doctrine regarding the Defendant’s assertion, intimidation refers to the threat of harm and injury that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making. The threat of harm and injury is sufficient if it does not necessarily require the method of specification, and if it is possible to have the other party aware that it would be likely to cause harm and injury to the other party by language, behavior, etc., and even if not directly, it may be indirectly made through a third party other than the one to be threatened. The threat of harm and injury is also made even in a case where the perpetrator demands the delivery of property or pecuniary profit by using illegal perjury based on his occupation, status, bad character, experience, etc., and the perpetrator makes the other party not comply with the request.

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