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(영문) 대전지방법원홍성지원 2020.08.12 2020고단467
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the defendant is a male-child Gu before the victim B (a family name, a female, 26 years old).

At around 18:00 on December 21, 2019, the Defendant, at the Defendant’s residence located in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun on the ground that the victim met another male while making a false statement, threatened the victim with the victim as if he sent the victim’s photo frameworks through the Kakao Akao Ax, and as if he sent the victim’s photo to his seat, the Defendant threatened the victim’s will in a total of seven times from that time to January 23, 2020, by threatening the victim to appear “the victim’s identity photograph” and “the victim’s sexual intercourse between the Defendant and the victim and the victim’s sexual content taken a Kakaootograph.”

2. Determination

(a) Applicable provisions of Acts: Article 283 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 283 (3) of the Criminal Act.

C. Expression of intention not to punish: The victim expressed his intention not to want the punishment against the defendant on July 7, 2020 after the prosecution of this case.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

E. The proviso of Article 49 of the Criminal Act provides that even if a judgment of conviction is not rendered against an accused, confiscation may be ordered when the requisites for confiscation exist. However, since there is no system that allows only confiscation without institution of a public prosecution under our legal system, in principle, the confiscation cannot be ordered in cases of acquittal, not where the facts charged are acknowledged after entering a substantive judgment.

(2) The court below’s decision to dismiss a public prosecution on July 26, 2007 (see, e.g., Supreme Court Decisions 2007Do4556, Jul. 26, 2007; 2007Do4556, Jul. 26, 2007).

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