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(영문) 대전지방법원 2014.03.27 2013노3134
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Summary of Grounds for Appeal

Defendant

The Defendant was in violation of the Punishment of Violences, etc. Act (joint conflict) and was transferred the K branch membership fee with the consent of the members of the said branch in the process of integrating the K branch of the Daejeon Chungcheong District Federation (hereinafter referred to as the “C”) to which the victims were affiliated, and did not interfere with the victims by making a strong speech jointly with M, etc.

The defendant called the victim L to his office because he was forced to commit an attempted coercion, and there was no specific threat of harm as much as the crime of coercion can be established.

The defendant found intimidation on September 24, 2012 as a street store operated by the victim L and S, and caused the dispute to be a punishment. In order to understand the authenticity of the dispute, although the members of the C Chungcheong District Federation were less than the AV street store in the neighborhood, there is no fact that the defendant made the victims frighten as if it would cause any harm to the victims.

The sentence of unfair sentencing (one year of imprisonment) by the court below is too unreasonable.

The sentence of the court below by the public prosecutor is too unhued and unfair.

Judgment

The crime of coercioning a judgment on the charge of violation of the Punishment of Violences, etc. Act (joint conflict) or intimidation, which is the means of the crime of attack, means to limit the freedom of decision-making or interfere with the freedom of decision-making.

A threat of harm and injury may be indirectly made through a third party, other than a person who is a stimule, even if it is not a clear way, if it is sufficient to have the other party know that it would cause harm and injury, and it may be indirectly made through a third party, other than the stimule, and there is a risk that if an offender demands the delivery of property or property benefits by using illegal consolation benefits based on occupation, status, etc., and the other party does not comply with

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