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(영문) 서울북부지방법원 2018.04.18 2018고단502

협박등

Text

The prosecution of this case is dismissed.

Reasons

1. Facts charged;

A. On September 24, 2017, around 18:05, the Defendant assaulted the victim by plucking, plucking, plout, etc. of the victim, while the victim C (69 years of age) who was neighboring the Defendant was whering the clothes of the Defendant in the past, and having been in dispute with the Defendant, he was bhering up once the victim’s chest part of the victim’s chest, and plucked the victim’s finger.

B. The Defendant, via telephone around September 19, 2017, notified the victim that he would physically be injured by the victim, stating that the victim C (69 tax) does not have clothes value, and that “knick pots shall be discarded off in knch,” and that the victim would be physically injured.

Accordingly, the defendant threatened the victim.

2) On September 22, 2017, the Defendant, via telephone, notified the victim of the fact that “The victim flusing down the price,” and “the flusing down the ppuri,” and that the victim would physically be injured.

Accordingly, the defendant threatened the victim.

2. The crime of assault among the facts charged in the instant case is a crime falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act as a crime falling under Article 260(3) of the same Act. Since the victim expressed his/her intention not to be punished after the instant indictment, the instant prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.