협박
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors or misapprehension of legal principles) recognized that the text message was sent to the victim as shown in the facts charged of this case, but this does not constitute a notice of harm and injury, and the intention of intimidation is not recognized, and even if it constitutes a crime of intimidation.
Even if this is an emergency evacuation or a legitimate act, the illegality is excluded.
2. Determination:
A. The Defendant also asserted the same purport as the grounds for appeal under this part of the judgment below, and the court below rejected the above assertion in detail by stating in detail the judgment on the "the judgment of the Defendant's assertion".
B. In the crime of intimidation, the term "Intimidation" means a threat of harm to an extent that would normally cause fear to a person by viewing it as a general rule. As such, an intentional act as a subjective constituent element does not require an intent or desire to actually realize the harm that an actor knows to such an extent that it would cause such a threat.
(See Supreme Court Decisions 74Do2727 delivered on October 7, 1975, 90Do2102 delivered on May 10, 1991, etc.). As acknowledged by the evidence duly admitted and investigated by the lower court, if the Defendant, who thought that the victim would have expressed his/her relationship with F, intended to prevent him/her from doing so, and if the victim sent a text message as stated in the facts constituting the crime in the lower judgment, it is sufficient to view that the Defendant notified the victim of his/her intent to send the document stating the relationship with F, and the text message stating the victim’s behavior with F, and the text message stating the victim’s intent to send the document to the victim’s family and workplace, and it is reasonable to view that there was a crime of intimidation.
(c)in the crime of intimidation means generally a person;