Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

피고인은 2017. 7. 5. 23:50 경 피해자 B( 여, 19세, 가명 )로부터 같은 날 있었던 성관계에 대하여 경찰에 신고하겠다는 내용의 카카오 톡 메시지를 받자, 피해자에게 피해자의 어머니 휴대전화 번호를 언급하며 “C 누구 번호인지 알지 그리고 지금 나 협박한 거지 ㅋㅋ ”라고 메시지를 보내

If the injured person reports to the police, the mother of the injured person threatened himself/herself with sexual intercourse and threatened him/her.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Entry of police seizure records;

1. A statement of a report on internal investigation (Attachment to the details of Kakao Stockholm dialogue submitted by the victim);

1. The details of Kakao Stockholm conversations, each description of cell phone pictures, and the application of video-related Acts and subordinate statutes;

1. The pertinent legal provisions on criminal facts and Article 283(1) of the Criminal Act’s choice of punishment [the crime of intimidation, the selection of a fine] refer to the general view of informing a person of harm to the extent that it may cause fears to the general public. As such, an intentional act as a subjective constituent element does not require an actor’s awareness of, or citing, the threat that the perpetrator is aware of, such a degree of harm and injury, and the intent or desire to actually realize the harm that the perpetrator made (see, e.g., Supreme Court Decision 90Do2102, May 10, 191). As such, the Defendant informed the mother of the damaged person that he/she would have intended to conceal the victim, and such intentional act is recognized regardless of whether the Defendant has an actual intent to inform the victim of the harm and injury.

Even if there is a threat of harm and injury, it can be accepted in light of social customs, ethics, etc.