(영문) 대전지방법원 2018.04.13 2017노1102 (1)

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(영문) 대전지방법원 2018.04.13 2017노1102 (1)

특수협박등

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to a special intimidation, misunderstanding of facts and legal principles 1), the victim stated that “I would die if there was no law alone,” and there was no intention of intimidation, since the victim did not have the intention of intimidation, at the close of the workplace as the door of the workplace was obstructed by drawing the door of the workplace.

2) On August 7, 2014, in relation to the violence by the Defendant, there is no fact that the Defendant complained against the victim, even though he/she argued with the victim.

3) In relation to the violence by the Defendant on August 13, 2014, the Defendant entered the entry room (a room to contact filial length when making booms) and carried out filial length, and the Defendant was unable to enter the entrance room between about 10 minutes and leaving the door by hand, and the Defendant removed the victim’s hand to carry out filial length, and then the victim voluntarily sits on the floor.

Therefore, the illegality of the defendant's act is excluded as a legitimate defense.

B. The sentencing of the lower court’s unfair sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination of misapprehension of the legal doctrine and mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to special intimidation, ① the Defendant’s statement to the effect that “I will die without only the law,” in a state where the Defendant cited a scoo which is a dangerous object in his/her hand while disputing the victim, ② the Defendant cited the scood scood scood scood scood scood scood scood scood scood scood scood scood scood scoods, ③ the Defendant was sufficient to feel the victim’s fear in light of the form and size of scood

Since it is reasonable to see that the defendant's intention of intimidation is acceptable, it can be recognized.

B. As to the assault on August 7, 2014

유사 판례

-청주지방법원 2014.06.12 2013노1024

-수원지방법원 2011.11.17 2010노5797

-대전지방법원 2017.04.13 2016고정1419

-서울서부지방법원 2019.02.20 2018고정694

-서울중앙지방법원 2013.12.20 2013노3587