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(영문) 서울동부지방법원 2017.03.30 2016노1519
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not threaten the victim, and the victim did not have a shotle with the appearance of the defendant, and therefore, the money that the defendant received from the victim constitutes damages for unilaterally hedging with the defendant by avoiding wind.

subsection (b) of this section.

2. Intimidation as a means of the crime of attacking judgment refers to the threat of harm that is likely to be frighten enough to restrict the freedom of decision-making or interfere with the freedom of decision-making. Bad faith notice is sufficient if it does not necessarily require the method of specification, and it is sufficient to have the other party recognize that it would cause harm and injury to the other party by language or communication (see, e.g., Supreme Court Decision 2003Do709, May 13, 2003). Even if the notice of harm and injury is used as a means of realizing legitimate right, if the means and method of realizing the right exceed the permissible level and scope under the social norms, it shall be deemed that the crime of attack was commenced. Whether certain act exceeds the permissible level and scope under the social norms, specifically, it shall be determined by comprehensively taking into account the subjective and objective aspects of the act, i.e., the purpose and method chosen, as a whole, the evidence of the lower court’s judgment that did not recognize the relation between the victim lawfully and lawfully selected (see Supreme Court Decision 2424Do224, Mar. 10, 199992).

It refers to the victim's commercial name, contact number, and the defendant's account number are sent to the victim by text, and the victim refers to the victim's sending an e-mail to all persons who know about the relationship with the victim, and the victim is married with others at the time when the relationship with the defendant was commenced.

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