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(영문) 수원지방법원 2016.03.24 2015고정3272
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

On April 25, 2015, the Defendant, at around 05:58, at the Defendant’s residence located in Osan City, as the victim D’s cellular phone (E), “Ieves to grow up until her death. Ieves to see one face compared to her strings. Ieves to her strings.

This study finds out the death and death of the dead body only once.

“Delivery of text messages to the victim” as if they would cause harm to the victim.

(v) intimidation was made.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. Personal phone text photographs (the defendant and his/her defense counsel did not have any intention to make any fact or intimidation to send the victim a text message of the same content as that of the crime;

However, in order to establish a crime of intimidation, intimidation refers to the threat of harm that may cause fear to a person, and there must be a concrete threat of harm that may be deemed to be at least possible in order to establish a crime of intimidation. Even if there is a malicious notice, if it is likely that it would be acceptable in light of social customs and ethical sense, etc., the crime of intimidation is not established. However, whether there was an intentional act of intimidation or intimidation should be determined by considering not only the external appearance of the act, but also the circumstances leading to such act, and the relationship with the victim, etc. (see Supreme Court Decision 2005Do329, Mar. 25, 2005, etc.). The following circumstances acknowledged by the above evidence, namely, when the defendant and the victim were under the restraint between the defendant and the victim, the defendant was released from China on September 2, 2014, and the defendant sent the victim’s message to the police around April 25, 2015, and the victim sent the victim’s message to the police around March 25, 2015.

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