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(영문) 서울고등법원 2020.05.14 2020노293
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

The facts charged of this case.

Reasons

The court below found the defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Embezzlement), the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the Act on the Regulation and Punishment of Criminal Proceeds Concealment. The court below found the defendant not guilty of abuse of authority and obstruction of another's exercise of rights in relation to the crime of coercion and commercial concurrence

The Defendant filed an appeal on the grounds of erroneous determination of facts or misapprehension of legal principles as to abuse of authority and obstruction of exercise of rights, and unfair sentencing, among the judgment below, on the grounds of coercion, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, and on the grounds of unfair sentencing. The judgment prior to remand

As to the part of the judgment before remanding, the Defendant filed an appeal against coercion, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Regulation and Punishment, etc. of Criminal Proceeds Concealment, on the part of the judgment before remanding.

The Supreme Court held that there was an error in the misapprehension of legal principles as to intimidation in the crime of coercion before remanding, even though there is a difficulty in assessing the part of coercion as the element of the crime of coercion, that is, the threat of harm and injury, which constitutes the element of the crime of coercion, and that there was an error of law in the misapprehension of legal principles as to intimidation in the crime of coercion

Furthermore, the Supreme Court should reverse the part of the judgment of the party before remanding the case, while the above part of the judgment of the court before remanding the case is one of the concurrent crimes with the above reversed part and Article 37 of the Criminal Code.

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