협박
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
1. A summary of the grounds for appeal by the defendant and his/her defense counsel (misunderstanding of facts and legal principles) did not contain any content of notifying harm and injury to B around February 26, 2015 and around April 2, 2015, and includes the same content as the facts charged in the letter sent to B around February 23, 2014, around January 28, 2015, and around February 5, 2015.
Even in light of the entire contents, it cannot be deemed that B was harmful to B, and there was no intention to threaten the defendant.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and thereby erred by misapprehending the legal doctrine on the crime of intimidation, thereby adversely affecting the conclusion of the judgment.
2. Intimidation in a crime of intimidation refers to a threat of harm that may cause fear to an ordinary person. The issue of whether there was an intention of intimidation or intimidation should be determined by comprehensively taking into account not only the appearance of an act, but also the circumstances leading to such an act, such as the background leading to such an act, the relationship with the victim, etc. (see Supreme Court Decision 2006Do2311, Jun. 15, 2006). The following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below and the trial court, i.e.,, the victim B, from the investigation agency to the court of the first instance, “after the introduction of the teaching system with the Defendant on Nov. 2013, 2014, the victim was informed and hedging the Defendant on Oct. 20, 2014.
From December 23, 2014 to April 2, 2015, the Defendant, who was confined to the Seoul detention center for fraud, sent 5 times a letter containing the same contents as the facts charged.
In light of the contents of the letter of intimidation sent by the defendant, it is highly likely that the defendant would find out the person released from prison and threaten him/her or endanger him/her.
I think I think.
The letter sent by the defendant was promulgated and stressed, and all of the low-income families.