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(영문) 의정부지방법원 고양지원 2016.02.04 2016고단87
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the instant facts charged and the victim B are currently preparing for divorce between husband and wife.

On October 14, 2015, the Defendant: (a) 19:30 on October 14, 2015, the Defendant was seated in the back seat of the same vehicle and was seated in the driver’s seat while talking about the issue of handling D vehicles under the victim’s name at the Seoyang-gu Seoul Parking Lot.

”라고 소리 지르고 계속하여 차량에서 하차한 후 운전석 문을 열고 피해자에게 “ 너 나와 가만히 안 놔둬. ”라고 소리 지르며 손을 들어 피해자를 때릴 듯이 하여 피해자를 협박하였다.

2. The offense of intimidation stated in the facts charged in the instant case is a crime falling under Article 263(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 263(3) of the same Act.

According to the statement in the written withdrawal of complaint submitted by B which was bound in the records to this court, B, the injured party, withdrawn his/her wish to punish the Defendant on November 6, 2015, after the prosecution of this case was instituted.

It is reasonable to view it.

Thus, this case constitutes the case where the expression of intent to punish a case that cannot be prosecuted against the clearly expressed will of the victim is withdrawn. Thus, the public prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition.

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