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(영문) 인천지방법원 2020.04.24 2019노2965
폭력행위등처벌에관한법률위반(공동협박)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The phrase, such as the statement of the facts charged in this case, which the Defendants had C deliver to the victim, does not constitute a threat of harm and injury in the crime of intimidation, and there was no intention of intimidation to the Defendants.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and there is an error of mistake or misunderstanding of legal principles.

B. Each sentence (Defendant A: a fine of KRW 2 million, Defendant B: a fine of KRW 1 million) imposed by the lower court on the Defendants is too unreasonable.

2. The crime of intimidation in determining a mistake of facts or misapprehension of legal principles refers to the notification of harm to the extent that it may cause a person to feel a fear, and in order to establish a crime of intimidation, there is a concrete notification of harm to the extent that it may be deemed at least possible, and there is a notification of harm and injury.

Even if the crime of intimidation is not established if it is to the extent acceptable by social norms in light of the custom and ethical concept of society, etc., however, whether there was an intentional act of intimidation or intimidation in such meaning should be determined by considering not only the external appearance of the act, but also the circumstances leading to such act, and the relationship with the victim.

(2) According to the evidence duly adopted and examined by the Health Team, the lower court, and the lower court in light of the aforementioned legal doctrine, the victim filed a complaint against the Defendant A as a crime of defamation and insult around June 5, 2018, and ② the Defendants by telephone call on June 22, 2018, to the effect that “if the victim does not withdraw the complaint against the Defendant A, the victim would evade taxes of KRW 15,300,000 while operating singing,” and that “if the victim would evade taxes of KRW 15,30,000,000.”

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