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(영문) 서울남부지방법원 2016.04.06 2016고정70
협박
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 17, 2014, from around 12:14 to around 12:22 on the same day, the Defendant connected the victim C’s Internet Neneber website D to Adi E in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 805, and lived with the victim’s writing.

Before 100, 300 Mada 1000 Mada ffors.

It is essential to find Chewing alcohols, and to make it possible to cut back to the breath of the narth of the narth of the narth of the narth and the narth of the sea-based narc.

"At least 500 Korean community shall be mobilized with "at least 500 Korean community, and may be available all over the country within 2 days of the present destination."

The term “I will thrown away, in real time, the State of this Brobrog, and be put into Africa and U2B.

‘The victim posted comments on comments as if they would have harmful effects on the victim' and threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A complaint filed by the victim C;

1. Evidentiary evidence and a caps (Ebrog) on the screen (Ebrogs) [the defendant only took a simple emotional bath without knowing the victim's identity information at the time, and thus the posting of comments on the defendant does not constitute intimidation;

However, "Intimidation", which is required for the establishment of a crime of intimidation, generally notifies a person who has become the other party of harm sufficient to cause fear, and considering the content of the comments posted by the defendant, the characteristics of the comments, the circumstances surrounding the dispute between the defendant and the victim, etc., the posting of the comments in this case by the defendant constitutes intimidation sufficient to cause fear to the victim, and thus, the defendant's assertion is not accepted.

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;

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