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(영문) 대구지방법원 2017.10.27 2017노200

협박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) notified the victim of harm and injury that the victim may take the victim's child into consideration in order to make the victim's contact address, her husband, and such act constitutes a crime of intimidation, but the court below erred by misapprehending the facts or by misapprehending the legal principles.

2. Determination

A. The court below held that the following circumstances, such as the relationship between the Defendants and the victim, the victim’s response attitude, the situation at the time, and the whole context of conversation, which are acknowledged by the record, the Defendants invested large amount in D, the husband of the victim, namely, the Defendants left each of the instant calls to find out the contact point and location of D when they fled without any change. The phone of this case, when Defendant A speaks as stated in the facts charged, it is difficult for the victim to find out “the victim” as stated in the facts charged.

In short, there is no answer to the low range of telephone, and if the call is low, it is necessary to start with it.

The answer fest fest.

b) the answer is required to be given.

In light of the above circumstances, Defendant B’s speech that the victim should return to his duties, and that the victim should return to his duties. Defendant B was trying to lead to a conversation with the victim, such as the victim’s end of the instant phone, the victim did not lead to the same talk. The victim filed the instant complaint after approximately one year of the occurrence of the instant case. In light of the above circumstances, the victim would have not feel fear that the victim would have been able to harm the victim or his own consciousness at the time when considering the fact that the victim would not feel a fear that the victim would have been able to harm the victim or her own consciousness, the victim’s speech came out in the process of demanding the victim to inform the victim of the contact information and the location of D and to pay money.