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(영문) 서울중앙지방법원 2020.11.26 2020노805
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and misunderstanding of legal principles) is a justifiable act since the Defendant attached printed matters to exercise legitimate rights as a lessee.

2. Determination

A. In relation to the crime of intimidation, it generally refers to the notification of harm that may cause fear to a person. Thus, the subjective constituent elements of the crime do not require any intent or desire to actually realize the harm that an actor knows and cites that the perpetrator informss such harm to such degree. However, if the perpetrator's speech or behavior is merely a mere emotional expression or temporary union and it is objectively evident that the perpetrator has no intent to harm in light of the surrounding circumstances, it cannot be acknowledged as a intimidation or temporary union, but whether there was a intent of intimidation or temporary union shall be determined by considering not only the external appearance of the act, but also the surrounding circumstances such as the background leading up to such act and relation with the victim.

(See Supreme Court Decision 90Do2102 delivered on May 10, 191, etc.). "Act which does not violate social rules" under Article 20 of the Criminal Act refers to an act which is permissible in light of the overall spirit of legal order, or the social ethics or social norms surrounding the act. Whether a certain act is justified as an act that does not violate social rules, and the illegality of the act is excluded should be determined individually by considering the specific circumstances and the specific circumstances. Thus, in order to recognize such a justifiable act, first, the legitimacy of motive or purpose of the act, second, the reasonableness of the means or method of the act, third, the balance between the benefit of protection and the benefit of infringement, fourth, the absence of any other means or method than the act, etc.

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