A. The essence of the crime of extortion

(b) A case where the filing of an election lawsuit does not constitute conflict or intimidation; and

A. The essence of the crime of extortion is the acquisition of property or property benefits or profit from the defective consent of prisoners of war, other than the public official.

B. We affirm the measure that the filing of an election lawsuit does not constitute violence as well as that it cannot be deemed as intimidation.

Article 350 of the Criminal Act

Defendant

Prosecutor

Busan District Court Decision 79No722 delivered on April 18, 1979

The appeal is dismissed.

We examine the prosecutor's grounds of appeal.

According to the court below's decision, in order to establish a crime of extortion, a person must be released by means of violence, threat, etc., and the defendant must receive property or gain pecuniary benefits. The facts charged in this case maintained the judgment of the court of the first instance that acquitted the non-indicted, etc. on the ground that there is no proof of the crime and dismissed the prosecutor's appeal. The essence of the crime of extortion is the act of acquiring property or pecuniary benefits using defective consent (as such, consent) due to the non-indicted's ex officio ex officio. Thus, the judgment of the court below on the crime of extortion in this purport is just, and there is no misapprehension of the legal principles as to intimidation in the crime of extortion, such as theory, and there is no evidence that the court below did not prove that the non-indicted, etc. was harmful to the non-indicted, and there is no violation of the rules of evidence such as theory of lawsuit, and there is no ground to appeal against this point.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench under Article 390 of the Criminal Procedure Act.

Justices Presiding Justice (Presiding Justice)