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(영문) 수원지방법원 성남지원 2017.04.28 2016고단3301

특수협박

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 21, 2016, around 12:30 on August 21, 2016, the Defendant: (a) within the “D Real Estate” operated by the Defendant in Gwangju-si, the victim E (55 years), the victim F (57 years old), the victim G (50 years old), and the victim H (53 years old) claimed the Defendant and changed the payment for the unpaid construction work; (b) the Defendant’s own “this e-mail and has no money; and (c) the Defendant’s e-mail,” “I will live in the Republic of Korea and change the payment for the work.”

The victims expressed their knife with a knife, which is a dangerous object, with a knife ( approximately 25 cm in total length, approximately 13 cm in length), and with a knife with their knife, and continued to have a victim I (age 58) seated, thereby threatening the victims of the above knife.

Summary of Evidence

1. Partial statement of the defendant (the purport of recognizing the fact that he/she has broken down his/her knife and sticked his/her knife on a book);

1. Each legal statement of witness I, J, K, G and L;

1. A detailed statement of reported case processing; and

1. Determination as to each on-site photograph defendant and defense counsel's assertion

1. The assertion and determination as to whether the composition requirement is met

A. The defendant and his defense counsel stated that the defendant only committed suicide at the time of the instant case and did not threaten the victims.

B. In order to establish a crime of intimidation, the content of the harm and injury notified must be sufficient to cause fears to ordinary people in light of various circumstances before and after the act, such as the tendency of the actor 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. However, it does not necessarily require that the other party realistically feel fear. As long as the other party perceived its meaning by notifying the harm and injury to that degree, it should be interpreted that the elements of the crime of intimidation are satisfied, regardless of whether the other party actually caused fears, and thus, the elements of the crime of intimidation should be interpreted to have been met.

And the threat of harm in the crime of intimidation.