(영문) 인천지방법원 2019.09.20 2019고정460

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(영문) 인천지방법원 2019.09.20 2019고정460

협박

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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim B are currently in a divorce lawsuit due to the legal marital relationship.

On November 15, 2018, the Defendant threatened the victim of a dispute, such as: (a) as the Defendant left the victim’s face by citing the victim’s person who was in his/her own front, on the part of his/her ward in the ward in Nam-gu Incheon, Nam-gu C apartment D, Incheon, with the overdue charge of credit card arrears; and (b) as the Defendant was able to see the victim’s face by her hand against the victim who was in his/her own front.

Summary of Evidence

1. Each legal statement of witness B and E;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the defendant has a dispute with the victim, the defendant did not have the victim's face toward the floor where he/she is sworn and expressed his/her desire to do so as stated in the facts charged.

2. Determination

A. To establish a crime of intimidation of related legal principles, the content of the harm notified must be sufficient to cause fear to a person generally in light of various circumstances before and after the act, such as the relation between the perpetrator and the other party, surrounding circumstances at the time of the notification, the relationship between the perpetrator and the other party, the degree of friendship and status, etc. between the perpetrator and the other party, and the relationship between the third party and the perpetrator, etc. included in the notification or proposed to the third party. However, the other party is not required to feel realistically. However, as long as the other party perceived its meaning by notifying the harm to such an extent, the elements of the crime are satisfied regardless of whether the other party realistically made a fear.

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유사 판례

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