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(영문) 서울북부지방법원 2017.09.07 2017노1026
협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of all the facts charged against the defendant, although the defendant did not have any idea of threatening the victim, and the victim did not feel by threatening the defendant's behavior in light of the situation at the time. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (4 months of imprisonment, one year of suspended execution, one year of protection observation) is too unreasonable.

2. Judgment on the grounds for appeal

A. In order to establish a crime of intimidation as to a mistake of fact, the content of the harm and injury notified must be sufficient to cause fear to a person in light of various circumstances before and after the act, including the offender and the other party’s tendency, surrounding circumstances at the time of the notification, and the degree of friendship and status between the offender and the other party. However, as long as the other party has recognized its meaning by notifying the harm and injury, the other party does not have to cause fear. As long as the other party has recognized its meaning, regardless of whether the other party has generated actual fear, the elements of the crime of intimidation are satisfied and the crime of intimidation is completed (see Supreme Court Decision 2007Do606, Sept. 28, 2007). In full view of the circumstances such as the relation between the defendant and the victim, the relationship between the defendant and the victim, the circumstances surrounding the notification, the situation at the time of the defendant’s person, and the occupation or status of the victim, etc., it is also recognized that the content or content of the defendant’s expression or fear as stated in the judgment in the court below.

Therefore, the defendant's assertion of facts is correct.

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