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(영문) 수원지방법원 2020.11.20 2020노2238
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the victim, as the front wife of the defendant, appears to have sent text messages to the defendant at the time of the instant case by, for instance, taking the victim’s abusive language to the defendant, and thus, did not seem to have caused fear of spreading text messages.

Thus, this part of the defendant's act does not constitute intimidation, and the court below erred by misapprehending the legal principles, thereby finding the defendant guilty.

B. The lower court’s sentence of an unreasonable sentencing (a fine of eight million won) against the Defendant is too unreasonable.

2. Determination

A. Determination of misapprehension of legal principles 1) The accused and the victim B sent text messages over 22 occasions on March 2018 to the victim. When divorced with the victim, the defendant sent the victim text messages over a total amount of 22 times as indicated in the list of crimes in the lower judgment, such as “I ambling off,” “I ambling off,” “I ambling off, I ambling off,” “I ambling off,” “I ambling off, I ambling off,” “I ambling back,” “I ambling back to I ambom,” “I ambling to I ambom,” “I ambom,” “I ambom,” and “I ambling out text messages to the extent that I would cause harm and harm to the general public by viewing it as a matter of consolation money,” and “I ambling the other party’s subjectively aware of the content of harm and harm to be declared as 16010.16.

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