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(영문) 청주지방법원 2017.12.01 2017노747
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not find out the F site located in Chungcheongbuk E, where H worked as the site warden (hereinafter “the construction site of this case”).

And H “On-the-spot return well”

The phrase " shall not, in fact or in detail, in the construction site of this case since there was no her fling period to the purport that he will be engaged in articles by putting together the environment or safety of the construction site of this case."

In addition, the defendant's sales of the ticket was a public performance to commemorate the 20th anniversary of the fact that the defendant was in office, and the defendant's selling of the above performance ticket was a day-to-day business for the promotion of newspaper companies, so it is an act that is acceptable in light of social norms.

Nevertheless, the court below rendered a guilty verdict against the defendant, and there is an error of law by misunderstanding facts concerning intimidation or by misunderstanding legal principles concerning legitimate acts, which affected the conclusion of the judgment.

B. Of the sentencing division, the sentence imposed by the lower court (one year of the suspended sentence of April 1) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of the facts charged in this case is as follows: (a) the lower court found the Defendant guilty and sentenced to a suspended sentence of four months of imprisonment with prison labor for the following reasons.

The defendant is a person who coverage and prepares articles to be published in the newspaper while working as a presiding engineer in the area D to which he/she belongs, or performs an editing work.

On May 2014, the Defendant’s construction site at the instant construction site located in Chungcheongnambukbuk-do, and the Defendant’s “whether the safety facilities are too insufficient while performing construction works within the city,” to H(3), a site warden belonging to the victim G Co., Ltd., the said construction site;

People can fall down, especially at night, since pedestrians and vehicles can fall down and fall down, it was called a further reinforcement of safety facilities. On May 2014, 2014, we find the construction site again.

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