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(영문) 인천지방법원 2019.07.12 2019고정1233
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

The defendant is a person who operates B.

On March 2, 2019, around 18:03, the Defendant threatened the victim by sending a text message, "I am saw as a fraud," "I am teller with the address", "I am tells the processed matter into face", "I am am me," "I am me me me me me me me me us," "I am the processed matter into the Internet," "I am me me me me me me me me me me me," "I am me me me me me me me me me me me me me me me me me me me me me

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Filing an investigation report (in cases of attaching letters on suspect cell phones and telephone conversations-related photographs), application of the Act and subordinate statutes to the investigation report (in cases of suspect text messages);

1. Relevant Article of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [The defendant shows an attitude to recognize and reflect the instant crime in the court.

In 2003, the Defendant seems to have not committed any particular crime except the record of punishment of a fine of KRW 4 million.

[Unjustifiable circumstances] The instant crime appears to be inferior, such as the failure of the Defendant’s used goods purchased from the victim to work properly, and was committed in the course of demanding refund from the victim, and the level and contents of expression are considerably poor.

(In particular, the victim seems to have been most likely to post his or her personal or photograph on the Internet). The damage has not been recovered or agreed with the victim.

In addition, in full view of the following conditions, such as the defendant's age and behavior environment, relation to the victim, motive means of crime, results of crime, circumstances after crime, etc., the sentence shall be determined as per Disposition.

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