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(영문) 광주지방법원 2020.08.19 2019노1261
협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant filed a lawsuit claiming compensation for damages against the victim who was in a marital relationship with the Defendant, and the Defendant only sent text messages containing somewhat excessive expressions by soliciting the victim to reach an agreement between the former and the Defendant on the ground that the victim may have disclosed the victim’s photo in a case where the victim files a lawsuit claiming damages against the victim who was in a marital relationship with the Defendant, and that there was no intention of intimidation.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The lower court found the following facts based on evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts: (a) the Defendant sent text messages to the victim to the effect that “the victim would know the fact that the victim’s body is unknown; and (b) the Defendant would present the victim’s body pictures”; and (c) the Defendant sent text messages to the victim’s body pictures; (b) the Defendant sent text messages directly and explicitly expressing the victim’s intention to spread the victim’s body pictures; and (c) sent the victim’s body pictures to the victim so that the Defendant was in possession of the victim’s body pictures; (c) the victim was unaware of the victim’s body pictures; and (d) comprehensively taking account of the contents of such text messages, it is sufficient to recognize that the Defendant was threatening the victim’s family members to send the victim’s body pictures to the victim’s body.

Therefore, we cannot accept this part of the defendant's assertion.

B. The Defendant on the assertion of unfair sentencing is the victim.

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