(영문) 제주지방법원 2016.10.20 2015노542 | 리걸엔진

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(영문) 제주지방법원 2016.10.20 2015노542

업무방해등

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (guilty part of the judgment of the lower court) and misunderstanding legal principles sent text messages with the same content as indicated in this part of the facts charged to the victim. However, since the Defendant did not demand the victim C to use the physical card without any consideration, it was intended for the victim C to receive the payment of the card used by the victim, so the Defendant did not have the intention of intimidation, and the Defendant’s act constitutes a justifiable act that does not violate social rules. 2) The lower court’s sentence of unreasonable sentencing (fine 1,500,000) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor by mistake of facts (the point of assault among the part not guilty of the judgment of the court below), it is sufficiently recognized that the defendant committed assault by the victim H when her boom as stated in this part of the facts charged. 2) In other words, the victim D’s singke bar business is included in the duties subject to protection of the crime of interference with business, and the defendant’s act as described in this part of the facts charged constitutes the exercise of force interfering with the victim’s business.

2. Determination

A. 1) As to the defendant's grounds for appeal, the crime of intimidation in misunderstanding of facts and misunderstanding of legal principles refers to the threat of harm to the extent that it may cause fears by a person, and in order to establish a crime of intimidation, a concrete notice of harm that may be deemed as possible at least that may cause harm and injury must be given, and there is a notice of harm and injury.

Even if the crime of intimidation is not established if it is to the extent acceptable by social norms in light of the custom and ethical sense of society, the crime of intimidation is not established. However, whether there was an intentional act of intimidation or intimidation not only is the appearance of the act, but also the circumstances leading to such act, and the relationship with the victim.

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