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(영문) 제주지방법원 2020.09.25 2020고정450
협박
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged and the summary of the indictment

A. The Defendant is the former spouse of B (C) and the victim D (V, 45) is the current spouse of B.

On October 4, 2018, the victim sent the Defendant a video recording “B and the victim’s sexual intercourse” (hereinafter “the video recording of this case”).

On the other hand, the Defendant sent a text message (hereinafter referred to as “the instant text message”) to the effect that the Defendant sent a photograph by cutting off the instant videos to E and B, the she she she she she she she she she she she she she she she shes, and that he she she she she she she she she she she she she she she she she she she she she she she she she she she she she she she she she, and that he she she she she she she she she she she she she she she she she she and she she she she she she she she she she she she and she she she she

On October 5, 2018, the Defendant threatened the victim with fear that the instant video may be seen as the victims by capturing the instant text message received from E and transmitting it to the victims.

B. The defendant's act of sending the text message of this case to the victim by capturing the text message of this case from E is not a threat of harm, and even if the victim was sworn due to family affairs, E's act cannot be affected by the defendant. Thus, the defendant's act does not constitute a crime of intimidation.

2. The threat of harm and injury can always be made in such a way as not only notifying an actor that he would directly cause harm and injury in the case of a threat, but also having a third party commit a harm and injury.

However, in this case, there is an explicit explicit speech or behavior that the notifying person is believed to be in a position that can actually control the third person's act or influence the third person.

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