logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.02.18 2015노867
공갈미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not demand or threaten the victim to pay the same money as the facts charged, or did not have any intent to interfere with any other party’s business.

Unlike the beginning of the victim, the defendant only argued to raise and bring about some words in the course of emotional exhaustion on the attitude to avoid liability such as refusing compensation.

Therefore, it cannot be deemed that the defendant notified the harm that is likely to drink to the extent that it limits or obstructs the victim's decision-making, and the establishment of a crime of attack cannot be recognized as a legitimate means of exercising a legitimate right, because it does not exceed the permissible level in light of social norms.

In addition, although the defendant has obstructed the victim's medical services, there is no fact that the defendant made such remarks as stated in the facts charged of this case, and there is no fact that he interfered with long time

Nevertheless, the judgment of the court below which found all of the charges guilty is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Determination on the assertion of misunderstanding of facts or misapprehension of legal principles 1) The commencement time of the commission of a crime of extortion is when the act of assault or intimidation was initiated, and intimidation as a means of the crime of extortion refers to the threat of harm and injury likely to be frighten to restrict a person’s freedom of decision-making or interfere with the freedom of decision-making

At this time, in full view of the various circumstances before and after the act, such as the tendency of the perpetrator and the other party, surrounding circumstances at the time of notification, and the degree of friendship and status between the perpetrator and the other party, etc., it should be sufficient to cause fears to the general public.

arrow