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(영문) 울산지방법원 2014.07.11 2013고정1235
재물손괴
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was accused of a complaint from the victim C due to the crime of adultery, etc. and found the victim, but the victim did not report to the police due to the reason that he did not comply with the eviction, etc., and expressed his mind to send the victim's telephone intimidation.

At around 15:27 on March 31, 2013, the Defendant sent the victim’s cell phone to the correctional institution with the phrase “packer, frighten, fingen. f. f. h. h. h. h. h. h. h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.h.s.h.h.s.h.h.s.h.h.s.h.h. to the correctional institution.h.h.h.h.h.s.h.h.h.s.h.h.h. to the correctional institution.”

Accordingly, the defendant threatened each victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 283 (1) of the Criminal Act concerning the crime (the point of intimidation and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the gist of the argument is the fact that the defendant sent the victim a letter of text as stated in the facts constituting a crime, it does not constitute intimidation.

2. For a crime of intimidation, a threat to a judgment is to give notice of harm to the extent that it may cause fears to a person, and for the establishment of a crime of intimidation, a notice of harm and injury must be given at least to the extent that it may be deemed possible to cause such fears, and there is a notice of harm and injury.

Even if it is not a crime of intimidation in light of the custom and ethical concept of society, it is not a crime of intimidation, but it is not a crime of intimidation.

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