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(영문) 서울북부지방법원 2018.01.25 2017고단4636

협박

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant thought that the ordinary victim disregards himself/herself in the events, etc. at the house, etc., with the subject of the victim D (58 Do) and tried to threaten the victim's body or safety as if he/she would be threatened.

On April 10, 2017, the Defendant sent a text message to the effect that the Defendant would cause harm to the life or body of the victim or his/her family members by using a portable phone at a non-place on April 10, 2017, including sending a text message from April 10, 2017 to April 15, 2017, to the effect that “if the family distress occurred as desired by NA, it would be difficult to bring our family distress to the victim,” and that “if not, it would bring to the victim or his/her family members, it would cause harm to the life or body of the victim or his/her family members.”

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 283 of the Criminal Act, Article 283 (1) of the Criminal Act, the selection of fines concerning facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant’s starting committing the instant crime.

It was caused by misunderstanding among relatives.

The defendant is the first offender.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.