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(영문) 수원지방법원 2018.05.31 2018고정281

특수협박

Text

The defendant shall be innocent.

Reasons

1. On August 28, 2017, the Defendant: (a) around 22:00, on the street in front of the Suwon-si Suwon-si, the Defendant: (b) at around 22:0, the victim D (the victim D (the victim, 29 years of age) was slided and melted; (c) caused a defect; (d) the Defendant’s insertion of dangerous articles as his hand; and (e) the Defendant Da Da Da Da Da d’s “Fing years and the

“Intimidating and threatening.”

2. Determination

A. In the crime of intimidation, the term "Intimidation" means a threat of harm that may generally cause fear to a person, and thus, the subjective constituent elements of the crime do not require an actor's awareness or desire to actually realize the harm that the perpetrator knows that it is harmful to that degree, and that it is so notified. However, in a case where the perpetrator's speech or behavior is merely an expression of emotional humiliation or temporary dispersion, and it is objectively evident that the perpetrator has no intent of intimidation in light of its surrounding circumstances, it cannot be recognized as a intimidation or temporary dispersion, but whether there was a threat or intent of intimidation should be determined by comprehensively considering not only the appearance of the act, but also surrounding circumstances such as the background leading to such act, relation with the victim, etc. (Supreme Court Decision 90Do2102 delivered on May 10, 191).

1) D was the neighbor of the Defendant, and at the latest, the Defendant told the Defendant that he was slickly sleeped with the Defendant at the night, who was under the influence of alcohol.

The Defendant would like to die when she talks with the insertion for the purpose of writing, takes close to D and takes a desire to do so.

“.....”

The Defendant did not display the inserted lux, and added the inserted lux, which appeared by the police, and the inserted lux became a lux.

D is not a bad relationship with the Defendant.