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(영문) 의정부지방법원 고양지원 2013.04.25 2012고정1474
협박
Text

The prosecution of this case is dismissed.

Reasons

1. Around August 4, 2010, the Defendant sent four ethyl photographs from among the screen pictures taken by the victim with sexual intercourse with the victim to the victim’s family members, on the ground that the victim and the husband of the victim were not in contact with the victim, in order to demand card payments, etc. from the victim C (n, 49 years of age) who was in relationship with the victim at a place where the location cannot be known, and that the victim was not in contact with the victim, the Defendant expressed the same attitude as the victim’s family members to spread his/her sexual relation pictures without any contact.

2. We examine the judgment, and the facts charged are the crimes falling under Article 283(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.

However, according to the records, it can be recognized that the victim C withdraws his/her wish to punish the defendant around March 28, 2013, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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