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(영문) 의정부지방법원 2017.09.27 2017고단2954

협박

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 24) are the relationship between the defendant and the victim.

On November 16, 2016, the Defendant: (a) requested the determination of the victim at an insular place at around 00:16, Namyang-si, Namyang-si; (b) requested the determination; (c) for the purpose of threatening the victim to either kill or endanger the surrounding people of the victim, or to bom the victim’s male relationship, the Defendant does not wish that the victim she would have ended with the victim by using a mobile phone, with the intent of threatening the victim by threatening the victim to either kill or endanger the surrounding people of the victim; (d) from now on, there is no desire for the victim to kill the victim from the point of time; (e) it is necessary to kill the victim from the point of time to November 28, 2016.

In other words, the victim was threatened.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing text messages;

1. Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is sent with the words of intimidation more than 21 times.

Even if there was no other actual behavior than letters, it was not only a sufficient threat to the victim by itself, but also a possibility of any more dangerous activity between the two people who have long been dead.

The injured party is still punished for the accused.