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(영문) 대구지방법원 2016.03.08 2016고단469
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant did not communicate the victim D (the 17-year-old age) with the victim’s sexual intercourse with the victim by hosting “C” opened in the Pestbook on around 2014; and (b) sent video images of the victim’s sexual intercourse with the victim before.

The victim was frightened to the victim so that he was frighted.

A. At around 18:47 December 24, 2015, the Defendant, using the Defendant’s mobile phone Kakao Stockholm message on the victim’s mobile phone, “I am on the page, on the page, or on the page,” or otherwise I am on the victim’s mobile phone;

We transmitted the content of "the thickness of one-minute-hour reduction", which is determined by width.

B. On December 25, 2015, the Defendant: (a) using the Defendant’s mobile phone Kakao Stockholm message around 16:39 on December 25, 2015; and (b) using the Defendant’s mobile phone text message “on the victim’

“The transmission of the content” was made.

(c)

On December 25, 2015, the Defendant used the Defendant’s mobile phone Kakao Stockholm message around 19:32 on December 25, 2015, and “the thickness” as the Defendant’s mobile phone.

“The transmission of the content” was made.

(d)

피고인은 2015. 12. 29. 08:41 경 피고인의 휴대폰 페이스 북 문자 메시지를 이용하여 피해자의 휴대폰으로 “ 너 오늘도 연락 안하면 동영상 올린다, 페북에서 잘 노 내 , ㅋㅋ 한번 페북에 올려 줄까 , 인 스타랑 두 곳에 당장 톡 안하면 올릴께

“The transmission of the content” was made.

E. On January 9, 2016, the Defendant sent the Defendant’s mobile phone using the Defendant’s mobile phone Kakao Stockholm message to the Defendant’s mobile phone “drawing the Defendant’s cell phone” with the Defendant’s cell phone.

Ultimately, the Defendant threatened the victim five times as above.

2. The facts charged in the instant case are all crimes falling under Article 283(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. According to the records, the victim withdraws his/her wish to punish the defendant after the institution of the instant indictment. As such, Article 327 of the Criminal Procedure Act is applicable.

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