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(영문) 광주지방법원 2013.06.27 2013고단2129
협박
Text

The indictment against the Defendants is dismissed.

Reasons

Summary of Facts charged

1. Defendant A around 11:00 on October 23, 2012, at the first floor integrated office of E-Marate D located in Gwangju-dong-dong-gu, Gwangju-gu, Defendant A flown the atmosphere of work for the victim E (the age of 39) due to the victim E (the age of 39), and went away from E-Marate management to the location where D points were at issue, and the victim was subject to personnel disadvantage.

피고인은 그 과정에서 그곳에 함께 있었던 자신의 부하 직원 B이 자신에게 대들자 B과 서로 욕설을 하며 말다툼을 하게 되었고 이와 같은 상황이 피해자 때문에 벌어진 것으로 생각하고 화가 나, 피해자에게 “E, 씨발 나 니 광주 바닥에서 보이면 가만 안 놔둬. 알았어 ”라고 말하여 피해자를 협박하였다.

2. As above, Defendant B and the victim complained against A, saying, “I am going to drive up to the end of the political party. I am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am to am.

Judgment

Each of the facts charged against the Defendants is a crime 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 same Act. According to the statement “written application for disposition failure” submitted to this court on June 27, 2013, the victim may be aware of the fact that the victim has withdrawn his/her intent to punish the Defendants after the instant indictment. Thus, the instant indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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