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(영문) 서울남부지방법원 2017.12.21 2017고단4580
협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 22, 2017, around 02:03, the Defendant found the victim C (22 :00) returning home, coming from the direction of the direction of the operation of the operation of the operation of the vehicle in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, at the shooting distance of 95, from May 22, 2017, and “I see the victim of tobacco and the number of strings, such as the wres wres,” and this is the bit bit of bitch bitch bitch bitch bit, “I am,” which is “I am, I am.” from the victim of the damage.

“A bitch bitch bitch bitch bitch bitch bitch.”

The term "," is affixed with a seal affixed to the Handphone at the present of the width.

I. Chewing Amarian darsen

The term "I ambling the victim's left hand with his/her hand, leading him/her to the victim's left hand, and let the victim feel blank.

As such, the defendant threatened the above victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the Defendant’s assertion of the Defendant’s statement by the witness C (tentative name) does not constitute intimidation by merely putting the victim’s desire to drive away or hand away.

The argument is asserted.

In the crime of intimidation, the term "Intimidation" refers to notifying a person of harm that may cause fears, and in order to establish a crime of intimidation, there must be a concrete threat of harm that may be deemed as at least possible, and even if there is a malicious notice, if it is likely that it would be acceptable in light of social customs and ethical sense, etc., the crime of intimidation is not established. However, whether there was an intentional act of intimidation or intimidation in such a sense should be determined by taking into account not only the external appearance of the act, but also the circumstances before and after the act, such as the background leading to such act, relationship with the victim, etc. (see Supreme Court Decisions 90Do2102, May 10, 1991; 2005Do329, March 25, 2005; 201Do2412, May 26, 2011, etc.).

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