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(영문) 대구지방법원 2018.04.06 2017노4453
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s place of abusive language with the victim E is not a flight, but a flight flight flight outside the aircraft. Such verbal abuse is intended to express the dissatisfactions about the crew’s service, and Defendant A’s act was immediately on the crew’s warning that the act constitutes a farming nature, and thus, Defendant A’s aircraft was occupied, and there was no intention to crypt, the judgment of the court below, even though the Defendant did not have an intention to cry the aircraft.

In addition, Defendant A’s aforementioned act was conducted for the sake of the resistance against the crew’s act, and thus, it is not illegal as it constitutes a justifiable act (misunderstanding of legal principles). The Defendants did not compel the crew of the victimized person to be subject to death, and the victim was omitted from fear due to the Defendants’ speech.

Inasmuch as it is difficult to see that the crime of coercion is not established (misunderstanding of facts and legal principles). The Defendants did not use the victim’s power, and even if the Defendants were to use a somewhat insulting speech, it does not constitute a crime of interference with business as it does not constitute a crime of interference with the victim’s free will (misunderstanding of facts and legal principles). Punishment sentenced by the lower court (Defendant A: one year and two months of imprisonment, one year of suspension of execution, two years of imprisonment, and two years of suspension of execution of sentence: one year and two years of suspension of execution) is too unreasonable (Sentencing). (B) The punishment imposed by the lower court is too unreasonable.

2. Determination

A. Determination on the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal principles on the violation of the Aviation Security Act 1) The text and text of the penal provision on this part, and the penal provision on this part [Article 14(2) and Article 5-2 subparag. 3 of the former Aircraft Operation Safety Act (amended by Act No. 6734, Aug. 26, 2002) (the foregoing Act was amended on Nov. 27, 2002)] were amended by the Aviation Security Act by Act No. 11753, Apr. 5, 2013.

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