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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.07.15 2014노7591
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not have any fact of intimidation against the victim, and there is no fact of demanding the victim to dispose of economic benefits through F.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

(1) On December 31, 2014, the defendant sent a written notification of the receipt of the trial record to the court on December 31, 2014, and submitted the written notification of the receipt of the trial record on January 16, 2015, and the defendant's defense counsel appointed thereafter sent the written notification of the receipt of the trial record to the court on May 21, 2015, and submitted the written statement of the grounds of appeal on June 22, 2015, and argued that the crime of this case constitutes a justifiable act because the defendant is a legitimate right holder even if the defendant's act constitutes the element of the crime of attempted crime of attempted crime. Therefore, the above misapprehension of the legal principles stated in the written summary of the pleading at the court on June 22, 2015 cannot be deemed a legitimate ground of appeal, and even if the defendant's act does not violate the social rules, it cannot be deemed that the illegality of the defendant'

2. Determination

A. Intimidation, the means of coercion or threat, means of crime of coercion, refers to a threat of harm that is likely to restrict the freedom of decision-making or interfere with the freedom of decision-making. The threat of harm is sufficient if, even if there is no explicit method, it is sufficient to have the other party perceive that it would cause harm and injury to the other party through speech or action, and may indirectly be made through a third party other than the person under threat. If the perpetrator demands the delivery of property or pecuniary benefit by using illegal consolation money based on his occupation, status, etc. and the other party does not comply with the demand.

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