(영문) 제주지방법원 2015.03.27 2014고단1746

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(영문) 제주지방법원 2015.03.27 2014고단1746

공갈미수

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Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 09:00 on June 14, 2014, the Defendant: (a) posted a banner stating the phrase “the victim D, who newly constructs a multi-household house at Jeju-si, and engages in the sale of housing units, does not pay five million won to the village development fund; (b) on the road side of the said newly-built house, the Defendant: (c) put up a banner stating the phrase “to object to moving into. E residents cannot accept the same,” and (d) posted the banner to the victim, “I will continue to put up a banner without giving five million won to the village development fund; and (c) put up the banner to the victim, and (d) tried to receive five million won from the victim who suffered the damage, such as the victim’s return to the match, but the victim failed to comply with it; and (d) attempted to do so.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Text of the decision on temporary disposition for prohibition of interference with business;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles 352 and 350 (1) of the Criminal Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserts that the degree of the defendant's act does not reach a threat in the crime of intimidation, as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act.

The crime of extortion is established when the other party forms a defective will of the other party and thereby causes the other party to conduct an act of disposal of property. In this case, intimidation as a means of conflict refers to the threat of harm likely to restrict the freedom of decision-making or interfere with the freedom of decision-making, and even if it is used as a means of legitimate realization of right, if the means and method of realizing the right exceed the permissible level and scope under the social norms, the crime of extortion is committed.

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유사 판례

-제주지방법원 2015.3.27.선고 2014고단1746 판결

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