beta
(영문) 대구지방법원 2017.05.26 2017노917

협박

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant had no intent to threaten the victim; (b) the letter sent by the Defendant does not objectively constitute intimidation; and (c) the Defendant’s sending of letter to the victim’s will and intimidation; and (d) the Defendant’s sending of letter to the Defendant and the person’s will and intimidation.

was believed to have been

The argument is asserted.

this constitutes a justifiable act to cope with it.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. In full view of the relationship between the defendant and the victim based on the evidence duly adopted and examined by the court below, the circumstance and motive of sending correspondence to the victim, the details and method of expression expressed by the defendant, etc., it can be sufficiently recognized that there was the defendant's intentional act of intimidation. The above letter constitutes a threat of harm sufficient to cause fear to the public from an objective perspective.

B. Dispatching a letter to the defendant first of all, containing abusive language, etc. of a child's family;

was believed to have been

In light of the content of the letter of this case sent by the defendant, the above act by the defendant cannot be deemed as a reasonable means for legitimate purposes.

Therefore, the court below's finding guilty of the facts charged of this case is just and acceptable, and there is an error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion

shall not be required to do so.

Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the court below's appeal is ex officio under Article 25 (1) of the Rules on Criminal Procedure.