협박
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. In light of the summary of the grounds for appeal, the relationship between the defendant and the victim, the details, circumstances, and purpose of conversations, etc., the defendant’s act is difficult to be deemed as a justifiable act, and thus
2. Determination
A. On December 7, 2017, the Defendant: (a) around 13:30 on December 13:30, 2017, reported to the investigating agency that the victim C (C, female, and age 27) who was married before the Defendant’s home located in the Chungcheongnam-gun B and was in a divorce lawsuit, was assaulted by D by the Defendant’s mother; and (b) the Defendant, by telephone, submitted the victim the victim’s disability to the investigation agency.
We have to file a complaint against the fraud, which is the fraud of the test which was laid down at the end of the test at the present time, or which is the fraud, which was known to (b) the width in the (b) would file a complaint, and which was known to (b) would have been the fraud.
E. Sheetly, on the face of the police;
(a) Is the complaint made;
It is necessary to raise morale and grow up. C. to file a complaint with a width fraud. It is filed against a width complaint.
If there is governance that the report to the police is made by the police.
3. Miscellaneous;
The phrase "if it is reported to the police" was put into hot spring.
Accordingly, the defendant threatened the victim.
B. The lower court rendered a not guilty verdict on the facts charged on the grounds that the Defendant’s statement was an act to the extent acceptable in light of social ethics, intentional sentiment, or social norms, i.e., an act that does not violate the social rules under Article 20 of the Criminal Act, comprehensively taking into account the following circumstances acknowledged by the evidence examined by the lower court
① The Defendant and the victim began married from January 2016, and the victim gave birth to the children around May 2017, and left home on November 6, 2017.
② On November 20, 2017, the Defendant filed a divorce lawsuit against the victim. On December 7, 2017, the victim, upon being served with a duplicate of the complaint, appears to have been contacted with the Defendant on December 7, 2017.
(3)