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(영문) 창원지방법원 2020.05.28 2020고단1008
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the victim B (the 38-year-old) passed through the Seongbuk-gu Busan Metropolitan City C construction site, and the victim was injured due to the defect in the structure at this time, and the defendant is the employee D of the construction company that caused the victim to reach an agreement with the victim with regard to the above defect in the structure.

At around 14:57 on November 6, 2019, the Defendant threatened the victim by: (a) requesting the victim to reach a higher agreement than D’s proposal in the 2nd floor store located in Seongbuk-gu Sungwon-si, Sungwon-si; (b) “Neibide Haba in the event that the victim writes down and flows down the humba”; (c) driving the victim on the bridge, leading the victim to walk the victim on the bridge; and (d) stopping the face immediately before the victim’s face by drinking.

Accordingly, the defendant threatened the victim.

2. The facts charged in the instant case are those falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the express will of the victim under Article 283(3) of the Criminal Act.

After the prosecution of this case, the "Agreement" was submitted on May 21, 2020 to the effect that "the victim does not want punishment against the defendant."

Pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act, the prosecution of this case is dismissed.

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