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(영문) 제주지방법원 2015.11.12 2015고정562
협박
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

After the victim E (n.e., 50 years of age) and the death relationship have aggravated, the Defendant threatened the victim by sending a text message stating "I am on February 12, 2015," "I am on February 18, 2015," "I am on February 18, 2015," "I am on the same day, I am on the same day," and "I am on the same day, I am on the same day, I am on the victim's mobile phone."

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on the screen of a text message closure;

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserted that although the defendant sent the same text message as the facts charged to the victim, it is merely merely a warning and its content is abstract, so it cannot be viewed as a threat of harm and harm to the extent that the victim may feel spossing, and thus, the victim did not actually feel spoke. The defendant did not have any intent to harm the victim, such as the content of the above text message, and the defendant did not actually have any harm and harm to the victim, and therefore, the defendant's act does not constitute intimidation under the Criminal Act.

However, in full view of the evidence duly adopted and examined by this court including witness E’s legal statement, the relationship between the defendant and the victim, inclination, gender, age, the details and the ordinary meaning of the text message sent by the defendant to the victim, the specific situation at the time when the defendant sent text messages to the victim, and other acts of the defendant.

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