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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On May 11, 2018, the Defendant sent and threatened the victim’s head office with the knowledge that the victim reported the unfair commercial instruction to the head office as the victim B (the age of 32). On May 11, 2018, the Defendant sent and threatened the message “to the width, to the end, to the end, to the end, to the end, to the end, to the end, to the end, to the end, to the end, to the end, to the end, and to the end, to the end, to the end, to the end, to the end, and to the end, to the end.”
Around June 21, 2018, on the ground that the Defendant continued to be the victim for the same reason, and did not go to the company, the Defendant sent to the victim a message “F construction site, i.e., “S., two-year-old, collapse, and absolute euthanasia” through E, on the ground that it continued to go to the victim for the same reason, and then sent the message “In front of the toilet, as soon as possible, and two-year-old.”
Summary of Evidence
1. Partial statement of the defendant;
1. Protocol of the police statement concerning B;
1. The defendant and his defense counsel asserts that the victim did not notify the victim of harm to the degree that he would have caused fears and that the victim did not feel fears by cutting down the E dialogue content and cutting down the text of the text message conversation and the text message conversation, and that the victim also did not feel fears, and thus, the victim constitutes not guilty or attempted intimidation.
In order to establish a crime of intimidation, the content of the harm and danger notified must be sufficient to cause fear to a person in general when comprehensively considering various circumstances before and after the act, such as the relation between the perpetrator and the other party, surrounding circumstances at the time of the notification, and the degree of friendship and status between the perpetrator and the other party. However, as long as the other party has recognized its meaning by notifying the harm and danger to such an extent that it does not require the other party to feel fear, the elements of the crime are satisfied, regardless of whether the other party has actually caused fear, and the crime of intimidation shall be interpreted to have been completed.