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(영문) 수원지방법원 안양지원 2019.09.10 2019고정360
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, from November 11, 2018 to 20:00 of the same month, at the Defendant’s house located in Ansan-gu during the period from November 11, 2018 to 20:00 of the same month, the Defendant requested the Victim C (Inn, 30) who was in a relationship with the Defendant to be hedging, and that the Victim C (Inn, 30) was in a relationship with the Defendant, the Defendant cannot take up all of his or her family members, and the Defendant’s report to the police. The Defendant will end the report to the police. The Defendant sent a DNA message stating, “I would not have any damage to the Defendant’s living within the past, and would not make it difficult for the Defendant to do so, and if you would not see it, I would make the victim threaten.”

2. In accordance with Article 283(3) of the Criminal Act, the instant case is a case in which a public prosecution cannot be instituted against the victim’s explicit intent. On August 9, 2019, after the instant public prosecution was instituted, the victim expressed his/her intention not to have the Defendant punished.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices on the ground that there is an expression of intent not to prosecute a case which cannot be prosecuted against the victim’s express intent.

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