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(영문) 서울북부지방법원 2016.08.30 2016고단3257
협박
Text

All of the prosecutions of this case are dismissed.

Reasons

The summary of the facts charged is that the defendant living together with the victim C (V, 62 years of age) and around 2014, but continued contact.

On July 7, 2016, the Defendant paid 450,000 won from the injured party, stating that “the Defendant shall pay the expenses of inn and receive monthly wages to the injured party” to the victim at the network well-grounded in Seoul Jung-gu, Jung-gu, Seoul. However, the victim refused to provide more economic support and to meet with the Defendant.

On July 24, 2016, the Defendant, at around 18:43 on July 24, 2016, sent a phone to the victim in Jung-gu Seoul Metropolitan Government E 105, saying, “I do not know how I will see, do so, do so, do so, do not die, and do so once a week,” and expressed an attitude that I would like to inflict serious harm on the victim’s life and legal interests, such as the victim’s life. From that time to July 20:14, 2016, the Defendant threatened the victim over 17 occasions, such as the list of crimes in the attached Table.

Judgment

The crime of intimidation, which constitutes the facts charged in the instant case, is a crime falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 283(3) of the same Act. Since the victim C submitted a written withdrawal of complaint on August 5, 2016, which was after the prosecution, and expressed his/her wish not to punish the defendant, the prosecution is dismissed pursuant to Article 327(6) of the Criminal Procedure Act.

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