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(영문) 대구지방법원김천지원 2020.10.14 2020고정248

협박

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a death who has been divorced from the victim B (n, 36 years of age).

On May 16, 2020, the Defendant sent a text message to the victim and his children, who were in the old C Apartment D, with the parental authority of the victim and his children, and threatened the victim by sending the text message to the victim, who was receiving text messages as a matter of the parental authority of the victim and his children.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. The Defendant asserts to the effect that there was no intention to threaten the victim only by recognizing the fact that the Defendant sent text messages, such as the facts charged, to the effect that he/she did not intend to threaten the victim. In the crime of intimidation, intimidation means generally notifying harm to the extent of causing fear by a person, and there is no limitation on the content of the harm so notified, namely, the content of the harm that is likely to be infringed, or the content of the harm that is, the form of legal interest or the subject of enjoying legal interests (see Supreme Court Decision 2010Do1017, Jul. 15, 2010). The purport of the content of the text message sent by the Defendant is that the Defendant would put the victim into a difficult situation, and since the Defendant and the victim did not have good appraisal after divorce, it appears that the victim could have caused fear as to the possibility of such disadvantage. Moreover, the Defendant’s perception of the content of the text message and the intention is recognized. Accordingly, the above assertion is not accepted.).

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;