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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On April 8, 2017, the Defendant received a notice of a decision after the end of ten months from the victim B (the age of 40) from the victim B (the age of 40) at a place not exceeding Busan around 9:40 to 9:50 on April 8, 2017, and received a notice of a decision, and the Defendant’s cell phone with the victim “I Mara and I Ha I Ha I Ha I Ha I Ha. I Ha. I o. I o. B.
He/she shall endeavor to fulfill his/her own force.
C. Having sent to the purport that “I amba” and “I amba, I amba” and “I amba amba, I amba amba, I amba amba, I amba amba amba,” and
The phrase “” is sent to the victim on the same day at around 22:41, and the victim “Isnman house at present.”
B. It is front of the house of the party.
(b) sending letters to the effect that it is a deceased person;
The victim threatened the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against B;
1. A written statement of text conversations [the defendant was aware that he/she had no criminal intent of intimidation despite his/her acknowledgement of sending letters;
Although there is a change in the crime of intimidation, it means the notification of harm to the extent that it can cause fear to a person generally, and the intention or desire to actually realize the harm that an actor knows and cites to the degree that it is a subjective element of the crime.
In addition, in the case of this case, it is difficult to view that the Defendant’s speech and behavior is merely an expression of simple emotional humiliation or temporary dispersion, and it is objectively evident that there is no intention of harm in light of surrounding circumstances.
Application of Statutes
1. Relevant Article 283 of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act selection of punishment, and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;