logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.01.17 2013노3387
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

(2).

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) only arbitrarily provided money in return for the participation in the crime of mistake of facts D, and Defendant A did not threaten D. (2) The lower court’s sentence of unfair sentencing (10 months of imprisonment) is excessively unreasonable.

B. Defendant B (unfair imprisonment with labor for up to eight months) is excessively unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of facts, intimidation, which is the means of coercion or attack, means of restricting the freedom of decision-making or obstructing the freedom of decision-making. It is sufficient that the threat of harm and injury, even if not explicitly stated, should have the other party perceptions that it would cause harm and injury through speech or behavior, if it would cause harm and injury to the other party, and may be indirectly made through a third party other than the one who is not the one who is the one who is the one who is the one who is the one who is the other, and if the other party requests the delivery of property or pecuniary benefits by using illegal taxes based on his occupation, status, etc., and the other party does not respond to the demand, it is also a threat of harm and injury even in a case where the former causes a danger of unfair disadvantage (see Supreme Court Decision 2010Do1374, Apr. 11, 2013; Supreme Court Decision 2010Do1374, Apr. 11, 2013>

9. The following day: Defendant A and D had wnson talk at the O-sing point, and the two were wnicked.

arrow