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(영문) 수원지방법원 2020.01.20 2019노6253
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any misunderstanding of facts against the victim F and AR.

Nevertheless, the court below erred by misapprehending the legal principles that recognized the defendant's crime of attack against the above victims.

B. In light of the circumstances of the instant case of unreasonable sentencing, the Defendant’s health status, and the fact that the Defendant recognized the instant crime and reflected, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.

2. Intimidation, which is the means of a crime of attacking a mistake of facts, refers to the threat of harm and injury that is likely to be hot to the extent that the freedom of decision-making is restricted or that interferes with the freedom of decision-making. Even if the notice is not illegal, it may be a harm and injury. The notice of harm and injury does not necessarily require the method of specification and does not necessarily lead to the perception that it would cause harm and injury to the other party by language or scam (see, e.g., Supreme Court Decision 2018Do19493, Feb. 14, 2019). The evidence duly adopted and examined by the lower court can be acknowledged as follows in full view of the evidence duly adopted and examined by the lower court:

1) From May 2019 at an investigative agency, the victim F stated that he/she joined the Association by stating that he/she can prepare for regulation by sharing enforcement information if the defendant found and entered the Association with his/her request from the investigation agency on several occasions. 2) The victim AR also came in an investigative agency from June 1, 2019 to find his/her place of business operated by himself/herself and divide his/her application form and name from the Association. Then, if the defendant joined the Association, he/she can avoid regulation in advance and avoid regulation if he/she joined the B Association. From the end of May 2019 to the end of the police from the end of the police, it is possible to avoid regulation if he/she was subject to prior control.

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