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(영문) 서울서부지방법원 2015.01.15 2014고단2850
협박등
Text

The prosecution of this case is dismissed.

Reasons

Public Prosecutor's Office

1. On July 11, 2014, at around 20:51, the Defendant threatened the victim E (hereinafter “D”) with access to the Internet car page “D” using smartphones at the place of residence of Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, 101 Dong 503, by inserting a letter, stating “Isn’s family death, Isn’s family death, width, and 33 years old, Isn’t own hand, Isn’s own hand, and Isn’s own seat.”

2. Around July 15, 2014, the Defendant insultingd the victim E by inserting a phrase “the victim who was in his body with a woman, knife, knife, knife, and knife to knife,” in which anyone could see the above method at the same place.

However, Article 283(1) of the Criminal Act is a crime 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 same Act. Paragraph (2) of the instant facts charged is a crime falling under Article 311 of the Criminal Act, which can be prosecuted only upon the victim’s accusation under Article 312(1) of the Criminal Act

However, on December 10, 2014, the victim, after the prosecution of this case, withdrawn his/her wish to punish the defendant and expressed his/her intent to revoke his/her complaint against the defendant. As such, Article 327 subparag. 6 of the Criminal Procedure Act concerning Article 327 subparag. 1 of the facts charged of this case is dismissed in accordance with Article 327 subparag. 5 of the Criminal Procedure Act.

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