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(영문) 수원지방법원 성남지원 2016.05.26 2016고단283
협박
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is between the victim B (n, 29 years of age) and about two years of age.

1. On November 15, 2015, the Defendant sent a text message to the victim’s cell phone (C) “On the ground that: (a) he had been in the past relationship at an insular place; and (b) he did not properly arrange the relationship after taking place; (c) printed out the victim’s cell phone (C) such as the Stockholm text, etc. sent at the victim’s 30th page on the page, and then sent it to the victim’s cell phone (C), thereby threatening the victim to spread the message leaflet to the said D restaurant operated by his birth in the future.”

2. On November 16, 2015, the Defendant sent a written message to the victim’s mobile phone (C) on the same ground as the above paragraph (a) at around 17:29 on November 16, 2015, stating that “E CCF will live together with his/her own parents, and will receive it as his/her father’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes concerning the content of the Kakao dialogue;

1. Article 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

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

1. In order to establish a crime of intimidation against the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the harm and injury notified should be generally deemed to have caused fear by taking into account various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, and the degree of friendship and status between the offender and the other party. However, the other party is not required to feel realistically, and as long as the other party perceived the meaning of the crime by notifying the harm and injury to such an extent, the other party is aware.

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