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(영문) 서울중앙지방법원 2020.04.24 2019노2252
강요
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts or misapprehension of legal principles);

A. The Defendant: (a) sent a letter in front of the cafeteria’s door to a cafeteria, told the victim that he was “not allowed to go out;” and did not exercise any direct or indirect tangible power on the part of the victim; and (b) therefore, there was no assault against the victim.

B. On February 20, 2018, before a monthly meeting of an incorporated association B (hereinafter “instant association”) was held, the victim was expelled from the instant association and did not have the authority to attend, speak, or pass a resolution at the meeting. Therefore, there is no right to be obstructed.

Nevertheless, the judgment of the court below that the defendant interfered with the exercise of rights by assaulting the victim is erroneous by misunderstanding of facts or misunderstanding of legal principles.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, it is reasonable to view that the Defendant obstructed the exercise of rights by assaulting the victim, such as attending a monthly meeting, speaking, and resolution at the instant association. Therefore, the Defendant’s assertion is without merit.

① At the time of committing the instant crime, the Defendant, as a joint representative of the instant association, set aside his body in front of a restaurant in which a monthly meeting of the instant association is held, and prevented the victim from entering the cafeteria by putting the reading center and closing the door.

(2) Violence as a means of coercion, which is a constituent element of the crime of coercion, shall include all tangible force against people, directly or indirectly.

Therefore, it does not necessarily mean that the body of the defendant, etc. does not necessarily contact the victim, and the act of obstructing the entry of the victim by ordering the defendant to a third party who is a member under his/her influence as a representative of the association, to close the door is also a crime of coercion.

The defendant's defense counsel is as above.

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