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(영문) 대구지방법원 2018.06.08 2018노909
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The act of misunderstanding facts and misunderstanding the legal principles alone does not constitute a special intimidation that generally notifies the other party of the harm sufficient to cause fears.

B. The sentence that the court below sentenced to the defendant (the penalty amounting to KRW 5,000,000, the confiscation) is too unreasonable.

2. Determination

A. 1) As to the assertion of misunderstanding of facts and legal principles, in order to establish a crime of intimidation, the contents of harm and injury notified shall be sufficient to cause fear to a person generally in light of the following circumstances before and after the act, including the relation between the perpetrator and the other party, surrounding circumstances at the time of notification, the relationship between the perpetrator and the other party, etc., and the relationship between the third party and the perpetrator, etc., if the third party was notified of harm and injury by a third party, it shall be sufficient to cause fear to a person generally. However, the other party is not required to feel realistically. As long as the other party recognizes its meaning by notifying the harm and injury to such degree, it shall be interpreted that the elements of the crime of intimidation are satisfied, regardless of whether the other party actually made fear, and it shall be interpreted that the elements of the crime of intimidation are met and the length of the crime of intimidation are met (see Supreme Court Decision 2007Do606 delivered on September 28, 2007).

The death shall be discarded.

Is the death of the deceased.

It is recognized that all the words and actions such as “” have been made, and ② The above words and actions of the Defendant are sufficient to put dangerous objects at the victim’s neighborhood and to cause fears to the general public.

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