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(영문) 서울중앙지방법원 2013.05.23 2013고정1473
협박
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 10:00 on October 14, 2012, the Defendant threatened the victim by leaving a mersh with the phrase “Isk-gu, Sung-nam-si, Sung-nam-si, Seoul-si, where the victim B (the age of 54) resides, with the victim’s front route of the building A, on the ground that the victim was not able to pay the money borrowed to him/her and avoided his/her contact.” The Defendant threatened the victim by leaving the mersh stating “Isk-gu, the victim has been parked in this year, but it would be able to keep the victim from suffering the money continuously.”

2. On October 21, 2012, around 10:40, the Defendant sent the victim’s cell phone with “Around October 21, 2012, the Defendant has been gathering as to whether the victim’s cell phone was flicked and flicked, so it was bad that the Defendant has been flicked, but the Defendant was flicked, at the police flicked, by demanding the driver’s house flick, and it can be opened for a long time. In this year, the Defendant’s flick-blick, such as the flick-blick, was flicked, and the Defendant sent the victim’s text message to 20 days after the date this blick-blick was changed.” The Defendant sent the victim’s 20 days back to 10 days after this blick-blick text message.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. B accusation;

1. Application of the Acts and subordinate statutes of text messages;

1. Article 283 (1) of the Criminal Act and Article 283 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act;

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