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(영문) 수원지방법원 안산지원 2016.03.04 2016고단225
협박
Text

The prosecution of this case is dismissed.

Reasons

1. On August 31, 2015, the summary of the facts charged by the Defendant: (a) the victim B refused the Defendant’s demand to allow the Defendant to tow the vehicle in the vicinity of the Songdong-dong, Gwangju-si; and (b) the Defendant sent the text message “we need to see, governance,” and (c) the victim will be free from the phone by sending the message to the victim.

"In the end, the victim was threatened."

2. The above crime 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. According to the records, it is recognized that the victim B submitted a written agreement to the effect that he/she does not want punishment against the defendant on January 4, 2016, which is after the prosecution of this case.

Thus, the public prosecution of this case constitutes a case which cannot be prosecuted against the clearly expressed will of the victim. Thus, the public prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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