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(영문) 서울중앙지방법원 2017.08.29 2017고정2045
협박
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is married with B and is living separately, and the victim C (the victim 23 years of age) is living together from August 2, 2015 to December 2016.

On February 19, 2016, at around 15:59, the Defendant sent the victim’s text message using his/her mobile phone to “if he/she gets off money,” and presented his/her attitude as to causing any harm to the victim’s body, etc., thereby threatening the victim by having the victim drinked, and as well as threatening the victim from around the above day to January 23:37, 2017, the Defendant threatened the victim by transmitting the text message to the victim in the same way 123 times in total, as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Police seizure records and list of seizure;

1. Complaint;

1. Each police investigation report;

1. Application of Acts and subordinate statutes to a recording book, a three-dimensional statement in currency (the details of text messages), a physical record of a text message, a photograph of a text message, and an account statement;

1. Article 283 (1) of the Criminal Act and the selection of fines, inclusive, with regard to the relevant criminal facts and the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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