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(영문) 서울서부지방법원 2019.01.24 2018노1106
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s remarks about the victim F to the victim B, etc. was talked in good faith to prevent the surrounding people from causing damage to the victim.

The content of the facts charged is more exaggerated than that of the defendant, and there is no intention to spread in light of the other party's status, etc.

B. The Defendant was not subject to intimidation, as in the facts charged, against the victim.

The injured party has provided the benefits to the accused and requested the driver to Seoul.

At the time, the victim was paid the salary of the car sent by the victim, and each part of the fee prepared at the time was received as the victim was forced to do so.

2. Determination

A. According to the evidence presented by the court below, it is recognized that the defendant has damaged the reputation of the victim by publicly expressing false facts about the victim, such as the facts charged, and the defendant has the intent of defamation in light of the fact that the contents of the defendant's horse are malicious, and the relation between the victim and the defendant was aggravated due to the introduction of the defendant's company.

The defendant's direct statement is deemed to have a possibility of spreading the above speech, and the defendant was fully aware of the possibility of spreading the above speech, unless it is acknowledged that not only many people but also there are special circumstances that could not spread the above speech to others.

This part of the defendant's assertion is without merit.

B. In light of the above crime of extortion, the act of spreading false facts to the victim of the defendant, the content of the letter prepared by the defendant by receiving money, and the conversation between the defendant and the victim, the defendant demanded the victim to pay money as a salary, and the defendant would no longer have a bad talk about the victim. The victim is a monthly salary to the defendant.

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