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(영문) 대전지방법원 홍성지원 2020.04.29 2020고단55
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is around 18:56 on September 9, 2019, the Defendant called the victim E using a mobile phone from the Defendant’s home located in Chungcheongnam-gun, Chungcheongnam-gun, and Da, to the effect that “I wish to use a mobile phone from around 30 minutes before and after the death of the victim,” and “I wish to use a mobile phone from around 30 minutes before the victim’s 23:25 days before the death of the victim and to the effect that I wish to use a mobile phone from around 9:30 minutes before the victim’s death. I wish to use a mobile phone from around 9:0 on the same day to the same effect as “I wish to use a mobile phone from around 30 minutes before the victim’s death,” and if I wish to use a mobile phone from around 23:25 days before the victim’s death.”

Accordingly, the defendant threatened the victim.

2. The above facts charged against the defendant is an offense 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, after the prosecution of this case, the victim expressed his intention not to prosecute the defendant.

Therefore, the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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