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(영문) 대법원 2019.02.14 2018도19493
특정경제범죄가중처벌등에관한법률위반(공갈)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Intimidation, which is the means of a crime of threat, refers to the threat of harm and injury that is likely to be drinking to the extent that it limits the freedom of decision-making or interferes with the freedom of decision-making. Even if the notice is not illegal, it may be a harm and injury. The notice of harm and injury does not necessarily need to be made by the method of specification, and it would lead the other party to recognize that it would cause harm and injury by language or scam.

In addition, even if such a threat of harm and injury is used as a legitimate means, if the means of realizing the right exceeds the permissible level and scope under the social norms, it should be deemed that the implementation of the crime of public conflict has been commenced.

Whether an act in this context exceeds the extent and scope specifically permitted by social norms shall be determined by comprehensively taking into account the subjective and objective aspects of the act, i.e., the purpose and chosen means to be sought.

(see, e.g., Supreme Court Decisions 94Do2422, Mar. 10, 1995; 2015Do18708, Jul. 11, 2017). 2. The lower court, on the following grounds, found all of the facts charged in the instant case guilty, and rejected both the Defendant’s assertion of mistake of facts and the assertion of misapprehension of legal principles.

According to the subcontract agreement entered into with the victim company, both parties may terminate the subcontract if it is deemed difficult for them to perform the contract. However, if it is intended to suspend transactions for unavoidable reasons without any justifiable reason, the suspension period of transactions shall be set at a reasonable period to prevent unfair damage to the other party and notify the other party in advance.

B. The Defendant shall pay money to the victims with a grace period of six to eight days.

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