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(영문) 서울중앙지방법원 2016.08.26 2016노1703
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles and improper sentencing)

A. In relation to the crime of intimidation (1) misunderstanding of facts or misunderstanding of legal principles, the Defendant merely expressed a simple emotional desire or temporary decentralization to resist the damage to property, and the Defendant, who is an elderly female, did not have the intent or ability to prepare the actual firearms or blades. As such, the Defendant was given a notice of harm and injury to the degree of the crime of intimidation under the Criminal Act.

In light of the fact that there is no proof of physical damage of the victim in relation to the crime of assault, and the statement of witnesses, etc., the defendant tried to prevent the victim from committing the act of recording the contents of his/her investment loss, and there is no fact that he/she has exercised the tangible force in the crime of assault under the Criminal Act.

Nevertheless, the judgment of the court of first instance which convicted the Defendant of all the charges of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The punishment sentenced by the first instance court (2,000,000 won in penalty) is too unreasonable.

2. Determination

A. 1) In order to establish a crime of intimidation as to a misunderstanding of facts or misapprehension of the legal doctrine, the harm and injury notified should be deemed to be sufficient to cause fear to a person generally in light of various circumstances before and after the act, including the relation between the perpetrator and the other party, surrounding circumstances at the time of notification, the relationship between the perpetrator and the other party, and the relationship between the third party and the perpetrator, etc., if the harm and injury was notified by the third party, but it does not require the other party to feel feel realistically. As long as the other party recognizes its meaning by notifying the harm and injury to that degree, the other party realistically promulgated the harm and injury.

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