logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.02.07 2016노1497
협박
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Defendant A did not make a statement to the effect that he would die with a motor vehicle as stated in the facts constituting the crime of the lower judgment, and even if he made such a statement, he was temporarily expressed anger while making a speech with the victim, and there was no intention of intimidation.

2) Defendant B did not memory the victim’s remarks as stated in the facts constituting the crime of the lower judgment, and even if such remarks were made, Defendant B did not have an intention of intimidation by temporarily indicating decentralization to the victim and not specifically notifying the harm.

B. Defendant B was physically and mentally weak at the time of committing the crime.

(c)

The punishment of the court below (the defendants) is too unreasonable because it is too unreasonable to impose a fine of one million won.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts 1) Whether Defendant A made a statement or not, as properly explained by the court below, the victim consistently made a statement from Defendant A to the court of the court below.

The defendant A made a statement and made a complaint, and it is sufficiently recognized that the defendant A made a statement.

B) In the crime of intimidation’s intentional act or threat means to notify a person of harm to the extent that it may cause the person to feel a threat. As such, an intentional act as a subjective constituent element does not require any intent or desire to actually realize the harm that an actor knows and citing that the perpetrator knows that it would cause such harm and danger. However, if the perpetrator’s speech and behavior is merely an expression of a simple emotional expression or temporary dispersion, and it is objectively evident that the perpetrator has no intention of intimidation in light of the surrounding circumstances, it cannot be recognized as a intimidation or intimidation, but whether there was a intent of intimidation or temporary dispersion.

arrow