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(영문) 대구지방법원 안동지원 2018.12.21 2018고정103
협박
Text

The defendant shall be innocent.

Reasons

1. On December 7, 2017, the Defendant: (a) was married in front of the Defendant’s home located in the Chungcheongnam-gun, Chungcheongnam-do; (b) on December 13:30, 2017, and (c) reported D to the investigation agency by the Defendant’s mother of the victim C (C, E, E, 27 years of age) who was under divorce action, on the day on which the Defendant was assaulted by D; and (d) on the part of the Defendant, the Defendant

Dr. Doz. Doz. Doz. Doz. Doz.

Tp. The complaint must be filed by fraud. The complaint must be filed by the width (not first) and the fraud was known to the public.

(b) Is the complaint made by the bruth fraud, and the police is netly net.

(a)whether the complaint is filed; wherever possible, it should be morale and grow up;

(cc) Complaints filed by fraud;

p. The complaint is filed with the police. If there is governance when the internal report to the police is filed with the police.

3. Miscellaneous;

m. It shall be reported to the police within the area.

The phrase " was frightened."

Accordingly, the defendant threatened the victim.

2. Although the defendant's assertion of the defendant and his defense counsel acknowledged that he made the victim's statement identical to the facts charged (hereinafter "the statement of this case") by telephone, it cannot be deemed that he made intimidation by notifying harm and injury, and the defendant's act constitutes a justifiable act that does not go against social norms.

3. Determination

(a) In the relevant legal doctrine, intimidation means notifying a person of harm to the extent that it may cause fears, and in order to establish a crime of intimidation, there must be a concrete threat of harm to the extent that it may be deemed at least possible to cause fears.

In addition, even if there is a threat of harm and injury, if that is to be acceptable in light of social customs and ethical sense, etc., the crime of intimidation is not established (see Supreme Court Decision 98Do70 delivered on March 10, 1998). (b) Specific determination 1) The defendant filed a complaint against the victim by fraud and filed it with the police.

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