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(영문) 의정부지방법원 2015.02.27 2014고단3857
협박
Text

The prosecution of this case is dismissed.

Reasons

The summary of the facts charged is that the Defendant is a taxi driver who belongs to “daily traffic” and the victim B(43) is a taxi driver who belongs to “sexual traffic”, and the Defendant stops the taxi at the front of the entrance of the Dongbu Public Security Center located 9-1, 546 Do-ro 546-1, in order to attract long-distance passengers at the government of Gyeonggi-do, while competing with the victim in order to attract long-distance passengers, the Defendant was trying to avoid attracting customers at the front of the entrance of the Dongbu Public Security Center.

On August 2, 2014, at around 07:40, the Defendant sent the Defendant’s cell phone located in the Government-Si of Gyeonggi-do, with the victim’s cell phone, the word “as seen in the eye of the width, Chewing, and how much cruel fright is shown,” and, at any time, sent the Defendant’s home, with the word “as soon as possible, Eastern Security Center” and “as soon as he/she wishes, he/she shall see it with the victim’s cell phone from around 07:41 on the same day.”

Accordingly, the defendant threatened the victim.

However, the facts charged in the instant case are crimes falling under Article 293(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 293(3).

On August 20, 2014, after the prosecution of this case was instituted, the victim agreed with the defendant smoothly and submitted a written agreement (written agreement). Since the expression of intent to punish the defendant has been withdrawn, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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