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(영문) 서울중앙지방법원 2015.05.21 2014노4965

협박

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defluence of facts or misapprehension of legal principles) refers to sending text messages sent by the Defendant to the victim at the level of warning against the victim who did not perform his/her obligation by a final civil judgment. The content of text messages sent by the Defendant to the victim cannot be deemed as a notice of harm and injury to the extent that the other party could feel feel feel a sense

Even in case of domestic intimidation, the illegality should be avoided because the defendant's act constitutes a justifiable act that does not violate social rules and thus does not violate social rules.

Nevertheless, the lower court found the Defendant guilty by misapprehending the facts or by misapprehending the legal doctrine.

2. In full view of the evidence duly adopted and examined at the court below's judgment, the content of text messages sent by the defendant to the victim appears to constitute intimidation as a threat of harm and injury to the victim's body, liberty, property, reputation, etc. In addition, the defendant's act cannot be deemed to constitute a justifiable act that does not violate social norms in light of the motive, purpose, specific circumstance, and method, etc. of such act. Thus, the court below's determination that found the defendant guilty of the facts charged of this case and rejected the assertion of a justifiable act is just and there is no error of law or of law as alleged by the defendant.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.