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(영문) 수원지방법원 2017.12.11 2017노5850
협박등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, although the Defendant, as stated in the facts charged of this case, stated a dispute with the victim E, there was no intimidation or assault against the victim as stated in the facts charged of this case, and the Defendant displayed a picture in front of the victim F operation. However, there was no difficulty in the movement of the customers through the entrance, and the time, place, etc. of intimidation was not specified.

However, the lower court erred by misapprehending the legal doctrine that found all of the facts charged in the instant case guilty.

B. The sentence sentenced by the lower court against the Defendant (2 million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances revealed by the evidence duly admitted and investigated by the court below regarding intimidation and assault, the defendant can sufficiently recognize the fact that the defendant threatened the victim E as stated in the facts charged of this case and assaulted the said victim.

Therefore, the judgment of the court below which found the defendant guilty of this part of the charges is just, and there is an error of law by misunderstanding the facts as pointed out by the defendant and affecting the conclusion

Therefore, this part of the defendant's assertion is without merit.

① A victim E consistently makes a specific and consistent statement about the method and background of assault by Defendant E, details of intimidation, etc.

(2) The contents of the statements in the original trial by K, H, I, and J, which appeared on the spot at the time, are consistent with the statements of the above victim.

B. (1) With respect to interference with business affairs, the Defendant, from March 1, 2015 to July 1, 2015, is likely to interfere with the entry of the “G” by displaying the fire parts owned by the Defendant before the “G” entrance of the victim’s “G” column 30 of the Dacheon-si Commercial Building underground.

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