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(영문) 서울북부지방법원 2014.02.17 2013고정1033

협박

Text

The defendant shall be innocent.

Reasons

1. Around September 28, 2012, at the Defendant’s residence located in the Dongdaemun-gu Seoul Metropolitan Government D building 106 dong 1401, the summary of the facts charged, the Defendant: (a) threatened the victim by walking phone from the victim’s cell phone (H) on the ground that the victim E, who was going to study in Spain through the Defendant’s brokerage, attempted to file a complaint regarding the case where Spain was brought from G, a local supervisor at the Spanish site; and (b) threatened the victim with “if he files a criminal charge against the injury of the Spanish in Spain, or if it comes to a social problem, he would wait to prevent the F from passing through mobilization of the surrounding connection.”

2. Determination

A. Direct evidence that corresponds to the facts charged in the instant case has been made in the investigation agencies of E and I or in this court, but each of the above statements is difficult to believe it as it is for the following reasons.

(1) On October 23, 2012, E’s investigative agency and this court submitted to the police a letter of complaint stating that “the Defendant, on September 28, 2012 and around 11:30 and around 15:00, he/she threatened himself/herself with the same content as the facts charged.” On October 23, 2012, the police investigation conducted intimidation on his/her cell phone with the same content as the facts charged. On September 28, 2012, at the time of the police investigation, the Defendant made intimidation on his/her cell phone and made intimidation on the same cell phone as that of the facts charged. However, at around 1:30 on September 28, 2012, he/she made a statement to the effect that “When the Defendant makes intimidation by telephone, he/she did not have any other person since he/she made intimidation between them,” but at around 20: 10 on October 24, 2012, the Defendant and the police at around 10:3:10 on the same date.201.