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(영문) 인천지방법원 2018.10.12 2018고정464

협박

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 4, 2015, 02:29 around 02:29, to the victim C, who was in dispute due to the escape of the defendant from his/her usual lending using his/her mobile phone at the residence of the defendant in Nam-gu Incheon Metropolitan City.

Dr. If you do not drink it, you shall not be human beings.

‘Redirection of the text message of this case’ and intimidation the victim.

Summary of Evidence

1. Statement made by the police against C;

1. The Defendant asserts that, in light of the fact that the Defendant did not have any original relationship with the Defendant at the time and the content of the message sent before and after the instant case, the victim did not receive the instant text message and feel fear.

According to the above evidence, prior to sending the text message of this case, the Defendant demanded the victim to surrender the text message of this case, and the victim claimed illegal possession of the Defendant, demanded water rates, septic tank fees, and had conflict between each other. The contents of the text message of this case received include the contents of the victim’s criticism (influence, misrepresentation of the U.S., conduct, change of fraud, age, etc.).

In light of the series of disputes and dialogue between the Defendant and the victim, a text message to the effect that the Defendant sent to the victim at around 02:29 constitutes a word sufficient to cause fear that the victim might feel any piracy.

In fact, the victim made a statement that “the victim was too difficult to receive the word, and caused it.”

Therefore, the facts of intimidation can be recognized.

Application of Statutes

1. Article 283 (1) of the Criminal Act applicable to the relevant criminal facts and Article 283 (Selection of Penalty) of the Criminal Act;

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

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