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(영문) 의정부지방법원 2020.08.27 2019노807 (1)
협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor 1) According to the evidence submitted by the prosecutor of mistake of facts (as to the acquittal portion), the defendant has his/her employees spread false facts so that they interfere with the victim's business, and has injured the victim's reputation by spreading facts or false facts to the employees of the victim, and has damaged the victim's reputation by spreading such facts and false facts, and has damaged the victim's reputation. 2) The sentencing and competition (as to the original trial: one year of imprisonment and two years of suspended execution).

B. Sentencing of the Defendant

2. The judgment of the court below that acquitted part of the facts charged can no longer be maintained, on the grounds that the defendant's oral statement and reinforcement evidence can be found guilty.

Therefore, we accept the prosecutor's assertion of mistake of facts.

3. If so, the prosecutor's argument of mistake of facts is with merit. Thus, without examining both parties' argument of unfair sentencing, the judgment of the court below is reversed in its entirety and the following decision is rendered as follows.

[Discied Reasons for the Judgment] A of the crime scene A is a person who operates a mutually cafeteria with the trade name "E" at the Dong-dong, Yongsan-gu, Busan Metropolitan City C building D, and the defendant operates the trade name of "F".

A, with the trade name of “G” in the Ddong of the above C building D, the victim H (30 years of age) who operates the main points of “G” was good due to one’s wife and the rights and duties of his friendship I, and was subject to criminal punishment by assaulting the victim along with the above I, the victim was frightened with the above I, and made the victim’s desire or threat to the victim and his employees at any time, and sexual harassment was caused by the victim who engages in the same kind of business in the same manner, and the defendant was willing to interfere with the victim’s sexual intercourse with the above A by spreading a good question about property damage caused by the victim who actually engages in the same kind of business in the same manner.

1. On August 2016, the Defendant of a interference with business.

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