협박
1. The judgment below is reversed.
2. The sentence shall be suspended against the defendant;
1. Summary of grounds for appeal;
A. In light of the legal principles, the victim was aware of the fact that her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her sexual intercourse by storing the Defendant’s sexual intercourse on a cell phone and threatening the Defendant, and taking into account all
B. The punishment sentenced by the lower court (the amount of KRW 300,000) is too unreasonable.
2. Determination
A. In the crime of intimidation under Article 283 of the Criminal Act regarding the assertion of misunderstanding of legal principles, the term “Intimidation” means a threat of harm sufficient to cause fear to the person who becomes the other party. Whether such threat constitutes a threat of harm or injury ought to be determined by comprehensively taking into account the following circumstances: (a) the offender and the other party’s tendency, surrounding circumstances at the time of notification, relationship between the offender and the other party, and the degree of friendship before and after the act (see, e.g., Supreme Court Decisions 2011Do10451, Aug. 17, 2012; 2015Do1489, Feb. 18, 2016). The lower court duly adopted and examined the evidence, namely, ① the Defendant sent the victim’s message around 16:34, March 29, 2014; and (b) around 20:50, May 29, 2014.
Even if the Defendant sent the victim’s text message, “Nandon hospital, as the Nandon Hospital threatened, is found to have the same effect as the Defendant threatened.”
No later. b.