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(영문) 부산지방법원 동부지원 2018.05.17 2018고정154
협박등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant C (Woo, L, 46 years old) and L, E.W. around January 2017:

1. On August 19, 2017, at around 17:03, the phone call was made to the victim who was not contacted by the Defendant, and “I am dead and throw away.”

- Intimidation - - “I see to create a set of day as I wish, I am to sell the opening in the court,” and “I see to the end of I am to the end of I am to the end of I am to the end of I am to the end of I am to the end of I am to the end of I am to the end.”

2. On August 20, 2017, around 16:53, the victim’s cell phone sent the victim’s text message stating “Absing him/herself to make a phone within his/her inner phone,” and then sent the message more than five times in total, as shown in the separate sheet of crime, by not later than 20:28 on the same day, to repeatedly reach the text that arouses fear or apprehension.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. The point of intimidation against a criminal fact: The point of circulation of illegal information under Article 283 (1) of the Criminal Act: Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Protection of Information;

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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