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(영문) 서울동부지방법원 2017.07.07 2017고정506
공갈미수
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 27, 2013, the Defendant demanded a return of KRW 15 million paid to the victim for the installation cost of heating apparatus test costs at the victim’s house located in Seo-gu in Gwangju, Seo-gu, Gwangju around November 27, 2013, and the Defendant demanded a return of KRW 15 million to the victim. The Defendant was brupted by “this mos, dead, and discarded” and assaulting the victim. However, the Defendant did not comply with such demand.

Accordingly, the defendant was attempted to receive property by threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Investigation reports (specific criminal complaints suspected of attempted crimes, and listening to and reporting on recorded files);

1. Sound file CD (the Defendant’s act stated in his/her criminal facts, despite recognizing the fact that he/she committed the act, is not a intimidation as a means of the crime of intimidation because he/she did not cause fear to the victim. Thus, intimidation as a means of the crime of intimidation refers to the threat of harm that is likely to cause severe harm to the extent that it limits the freedom of people’s decision-making or interferes with the freedom of decision-making, and it would be sufficient that a malicious notice would lead to the other party’s awareness that it would cause harm and harm without necessarily required to be made clear, and even if it is used as a means of the realization of legitimate right, if the means and method of realizing the right exceed the permissible level and scope under social norms, it should be determined by comprehensively taking into account the subjective and objective aspects of the act, i.e., the purpose and method pursued (see, e., Supreme Court Decision 2013Do689, Mar. 13, 2013).

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