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(영문) 광주지방법원 2018.06.20 2018노928
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles merely agreed with the victim on the instant traffic accident, and there was no reason or need to threaten the victim, and the victim was frighted due to the Defendant’s act, or frightened fear.

As it cannot be said that the defendant threatened the victim.

Although it cannot be seen, the court below found the Defendant guilty of the facts charged in this case, the court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine is based on its reasoning, and the lower court, based on the evidence duly admitted and investigated by the lower court in light of the following circumstances, upon delegation by C of the authority to agree on the instant traffic accident by the Defendant, committed an act as indicated in its reasoning as a means of realizing rights.

Even if such an act constitutes intimidation as a means of the crime of threat, and the means and method of exercising the right to it exceeded the permissible level and limit under the social norms, the Defendant was convicted of the facts charged in this case.

① After the occurrence of the instant traffic accident, C visited the hospital to go to the doctor.

The term "" refers to the following.

With respect to the traffic accident in this case, the prosecutor applied the victim to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and made a disposition that is not entitled to prosecution. C filed an objection, such as filing an appeal, against it.

There is no data to view.

On the other hand, after the occurrence of the accident, the victim visited the two-wing zones and notified the occurrence of the traffic accident, and submitted his black image to the private taxi mutual aid association across the country.

If there is a circumstance, the victim suffers injury to C in the course of his/her duties and also takes necessary measures, such as aiding C.

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