Provisions of punishment for an act of preparing a written non-legal obligation

The defendant's act of threatening a victim to prepare a written statement which does not have any legal obligation to exercise his/her right to freedom is to interfere with the exercise of his/her right to freedom, so it constitutes a crime of interference with another's exercise of right by violence

Article 324 of the Criminal Act

Defendant

Attorney Lee Jin-bok et al.

Seoul Criminal Court Decision 73No3369 delivered on September 13, 1973

The appeal is dismissed.

The grounds of appeal by defense counsel are examined.

1. The judgment of the court of first instance, which the court below and the judgment of the court of first instance cited by it, should be reviewed in comparison with the records, the confirmation of facts is just and it cannot be viewed as a violation of the rules of evidence or a mistake of facts as stated in the theory of lawsuit, and therefore there is no reason to discuss.

2. Article 324 of the Criminal Code is interpreted as a penal provision for an act infringing on human freedom. Thus, the so-called "written statement that the defendant made by threatening the victim to use the victim and caused the person to prepare a written statement that does not have a legal obligation is prevented from exercising his/her right to freedom." Thus, the above judgment was just and its category and it cannot be adopted as a matter of law.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Young-chul (Presiding Justice)