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(영문) 의정부지방법원 2013.07.18 2012고정3404
협박
Text

The prosecution of this case is dismissed.

Reasons

1. Defendant A and the victim C of the instant facts charged are as follows in relation to the relationship between the two parties in May 201 and the victim.

On May 12, 2012, around 22:50 on May 12, 2012, the Defendant sent to the Defendant a certificate of content that the Defendant would be able to compensate for the amount the Defendant spent at the D apartment seven apartment complex parking lot in Seoul Special Metropolitan City, Nowon-gu, and sent the Defendant’s mother a text message that “masts and women are rights” and sent the Defendant’s text message to his mother, thereby threatening the victim.

2. The facts charged in the instant case are those falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.

However, according to the written application and written withdrawal of a complaint filed in the trial records, it can be recognized that the victim C withdrawn his/her wish to punish the defendant on July 5, 2013, which was subsequent to the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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