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(영문) 울산지방법원 2018.09.06 2018고단743
협박
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

around August 5, 2016, the Defendant entrusted the Vice-Chairperson of the “E” composed of the purpose of bringing in of burine in Yangsan-si D and removing malodor caused by livestock excreta, and continuously filed a civil petition and accusation against livestock farmers and foul waste treatment companies in the relevant administrative agencies, such as Yangsan-si.

Victim F is a person who engages in both money business in the trade name of “H” in the above G.

On October 20, 2016, the Defendant: (a) called the I to sell fish feed to H and provide consulting related to the operation of livestock pens at the influent area located in Yangsan on October 20, 2016; and (b) thrown down the processed water of H.

fins shall spread in fakes.

The vehicle will spread on the side of the knife and knife the vehicle so that it can spread to the knife.

A threat to the purport that “the victim would not be able to engage in the amount of money because the victim could not be treated with excreta by threatening I to deliver it to the victim, etc., as well as intimidation the victim from around that time to Nov. 16:54, 2016, such as the list of annexed crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police and prosecutor in relation to F, J, K, L, I, M,O, P, and Q;

1. Recording files;

1. Grounds for conviction of reports on internal investigation and investigation reports;

1. In the crime of intimidation of a related legal doctrine, the term "in the crime of intimidation" means, in general, informing a person of harm to the extent that it may cause fear. As such, an intentional act as a subjective constituent element does not require any intent or desire to actually realize the harm notified by the actor with the awareness and citing that the perpetrator is notifying such a degree of harm. However, if the perpetrator's speech and behavior is merely an expression of a simple emotional expression or temporary dispersion, and it is objectively evident that the perpetrator has no intention of intimidation in light of surrounding circumstances, it cannot be acknowledged as a intimidation or intimidation.

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