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(영문) 수원지방법원 2019.09.20 2019노1112
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment below

The guilty part and the guilty part of the violation of the Punishment of Violences, etc. Act (joint conflict) shall be acquitted.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (joint conflict) 1, comprehensively taking account of the progress of the case and the victim’s statement and recording, the Defendants filed a criminal complaint against the crime of violation of the Licensed Real Estate Agents Act if the victim did not respond to the request of the Defendants, and the Defendants expressed that they would exercise the influence over the victim’s child by using the status of Defendant A who is a public official of the court or the connection of the Defendants, or the result of the disposition of the criminal complaint against the victim or the victim’s child. Thus, this can be deemed as a threat of harm sufficient for ordinary people to make the victim potable. Even if the Defendants recognized the right to claim damages against the victim, and the Defendants’ act was committed for the purpose of receiving compensation for the damage, even if the Defendants’ act was committed with the victim’s demand for property, it constitutes a case where the Defendants’ act would cause unreasonable disadvantage if the Defendants did not respond to the request of the Defendants, and the method of exercising the rights of the Defendants’ act exceeds the permissible extent or the scope of social norms, and the Defendants’ act of attack shall be deemed to start.

B) With regard to the points of perjury, P consistently stated that the Defendants expressed that “I want to meet the person in charge” from the Defendants, and the Defendants were in violation of the Punishment of Violences, etc. Act (hereinafter “victim E”) around April 12, 2016, there was sufficient motive for the Defendants to speak, such as “I want to assist in the civil litigation of Q, as it is necessary to maintain a favorable relationship between P and P, and as Q, I have credibility.”

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