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(영문) 의정부지방법원 2014.07.01 2014고단1853
협박등
Text

The prosecution of this case is dismissed.

Reasons

Summary of Facts charged

1. At around 08:50 on January 6, 2014, the Defendant threatened the victim C (the age of 48) who was a female student, who found himself/herself as a matter of the company, with his/her right to return to the former parking lot of the B apartment complex 4 in Yangju-si, Yangju-si, where he/she requested the victim C (the age of 48) to return to the latter, he/she did not return to the latter. The Defendant threatened the victim with the face of the victim, such as the loss of the victim, etc., and threatened him/her, “I will find out the death without the her, and leave the cigarette by a cigarette.”

2. Around January 6, 2014, the Defendant: (a) committed assault and assault by putting the said victim’s arms in his/her vehicle after leaving his/her vehicle on the D apartment parking lot at Yangju-si; and (b) drawing in his/her vehicle.

However, among the facts charged in the instant case, the charge of assault is a crime falling under Article 260(1) of the Criminal Act, and the charge of intimidation is a crime falling under Article 293(1) of the Criminal Act, and the charge cannot be prosecuted against the express intent of the victim under Articles 260(3) and 293(3) of the Criminal Act.

On April 23, 2014, after the prosecution of this case was instituted, the victim agreed with the defendant only smoothly and submitted a letter of withdrawal of complaint to this court. Since the expression of intent to punish the defendant has been withdrawn, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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