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(영문) 서울중앙지방법원 2017.10.19 2017노2873
공갈등
Text

Of the guilty portion and the innocent portion of the judgment of the court below, the obstruction of business affairs and defamation with respect to E sexual traffic.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts (1) 1: Defendant 1’s attempted contribution to the Embrypt; Defendant 2’s contribution to the Embrypt without giving money

or on a large-scale operation site or bulletin board.

There is no fact of intimidation.

(2) Assault against L Burinology: The Republic of Korea Tourism Corporation shall report damage to the Republic of Korea and only have received relief from damage, and there is no threat to the victim.

(3) Interference with and defamation of business affairs related to G sexual traffic: The content contained in the advertisement board cited by the Defendant at the time of the demonstration is not false.

(4) The attack against G sexual intercourse: The defendant has lawfully conducted one demonstration, but did not threaten the victim.

5. Violation of the Medical Service Act in relation to RP: The defendant did not damage the medical instruments and did not assault the nurse's death.

(6) A person who attempted the R's imprisonment with prison labor: There is no fact of intimidation against a victim.

7. Obstruction of duties and defamation against RP: The defendant did not exercise his/her power on December 31, 2016, by causing noise from hospital rain, unloading from drinking alcohol, etc.; on January 10, 2017, the details entered in the advertising board used by the defendant while conducting demonstration on January 10, 2017 are not false.

(2) misunderstanding of legal principles (as to interference with or defamation of G sexual traffic), 1 person demonstration is a legitimate means to inform the Defendant of the fact of damage and is for public interest. Therefore, there is no illegality.

(3) The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

(b) Inspection (1) misunderstanding of facts, ① interference with the business of E sexual traffic, and defamation: The contents contained in the advertisement board used by the Defendant in the demonstration are false.

② The Defendant, on January 13, 2017, demanded additional agreements by showing the name of the new communications reporter to Q around January 13, 2017.

(2) The sentence of the lower court’s improper sentencing is too uneasible.

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