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(영문) 대구지방법원 포항지원 2019.09.05 2019고정134

협박

Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged in the instant case is as follows: “The Defendant shall hear the fact that the injured party B (the injured party 36 years of age) took his bath from other prisons in Ansan-si around January 7, 2019, and then threatened the injured party by finding out the feste, such as internal organs, and by finding out the feste, so as to cause the death of the injured party,” and “Is the injured party to live immediately and live,” and “Is the injured party to speak clearly,” and “Is the injured party to reach the above letter to the injured party in the previous prison on February 7, 2019.”

However, this is a crime falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. According to the withdrawal of the victim’s complaint filed in the records and the written agreement, it can be acknowledged that the victim explicitly expresses his/her intent not to punish the defendant on August 29, 2019. Thus, the prosecution of this case is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.