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(영문) 대구지방법원 2018.08.30 2018노943
협박등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles and misapprehension of the legal principles (as to intimidations made in the middle of May 2014), the Defendant did not have made F the same remarks as indicated in this part of the facts charged.

there is such fact

Even if it was stated to F, there is no intention of intimidation since it did not have to be delivered to the victim.

In addition, the content cannot be seen as a intimidation because it is merely a simple abusive view.

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

2. Determination on the misapprehension of facts and misapprehension of legal principles

가. 공소사실 중 2014. 5. 중순경 협박의 점의 요지 피고인은 C 고등학교 교감인데 2014. 5. 중순경 위 학교 이사장 F의 집에서, F에게 “ 회칼 3개를 준비해 놨는데, 하나는 이사장님 것, 하나는 D( 피해자) 것, 다른 하나는 G 것이다, 내가 사람 시켜서 돈 2,000만 원 들이면 한 사람 앉은뱅이를 만들 수 있다” 라는 취지로 말하고, F으로 하여금 위 말을 피해자에게 전달하도록 하여 피해자를 협박하였다.

B. The lower court determined that the lower court convicted this part of the facts charged by comprehensively taking account of the adopted evidence.

(c)

In full view of the following circumstances found by the evidence investigated by the court below, the evidence submitted by the prosecutor alone proves that the defendant had the intention to threaten the victim without reasonable doubt.

subsection (b) of this section.

The lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

① The F listened from the Defendant the words such as the statement in this part of the facts charged, and notified the victim of the cruel accident as soon as possible.

The statement was made only (30 pages of investigation records), and the statement was not made to the effect that the defendant had F transfer the above words to the victim.

(2)

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