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Main Issues
Article 12 (Action Compelled) The meaning of "Intimidation" as defined in the Criminal Code shall be construed as "incompetence."
Summary of Judgment
Violence under Article 12 of the Criminal Code refers to a case in which physical acts cannot be absolutely performed in a psychological meaning or a case in which force is strong in ethical meaning. Intimidation means a intimidation in which one or a relative does not have any other way to prevent harm to the life, body, or life or body of himself/herself or relatives, and coercion means to force a specific act by preventing the forced person from making a free decision-making.
[Reference Provisions]
Article 12 of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Prosecutor
Judgment of the lower court
Seoul Criminal Court Decision 83No814 decided May 3, 1983
Text
The appeal is dismissed.
Reasons
The prosecutor's grounds of appeal are examined.
According to the judgment of the court below, the court below reversed the judgment of the court of first instance that found the defendant guilty on the ground that the defendant's act of non-disclosure in this case is not punishable under Article 12 of the Criminal Act, and it is reasonable to see that the defendant's act of preparing and submitting a written complaint two times of this case due to the facts acknowledged by the court below, etc., was forced by imprisonment or intimidation without any means to defend himself/herself's life or body, among the trial records of the court of first instance, which are proved evidence of the defendant's non-performance of the defendant. The above judgment of the court below and its measures are properly pride and cannot be resistanced under Article 12 of the Criminal Act, and the defendant's act of compelling the defendant to act in this case cannot be viewed as being in violation of the rules of evidence, and thus, the defendant's act of compelling the defendant to act in this case cannot be viewed as being in violation of the rules of evidence or the principle of ethical pressure.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.
Justices Shin Jong-young (Presiding Justice)