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(영문) 부산지방법원 2017.12.07 2017노3374
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant sent a letter, such as the facts charged, to demand the recovery of damage and apology from the purchase of insurance products by stealing the personal information of the victim B and the former wife D, which is the mother, to demand the recovery of damage and apology from the purchase of insurance products, and thus, the Defendant did not constitute a public conflict. This is a justifiable act that does not go against social norms and is not illegal.

2. According to the evidence duly admitted and examined by the court below, the court below was the defendant's punishment.

D Around September 15, 2015, without the consent of the J, arbitrarily subscribed to medical expense insurance under the J’s name, and the Defendant, who became aware of this, raised a strong objection against D, such as filing a civil petition, with the Financial Supervisory Service around November 2015. From January 2016 to October 30, 2016, the Defendant started sending the victim’s text messages stating that “if she wishes to resolve before taking legal measures, she shall pay KRW 10 million.” Since August 15, 2016, the Defendant thereafter, from around October 15, 2016 to around October 30, 2016, was a criminal defendant who paid 3 million won to the victim.

“Is no longer receive a reduction or fine”, “Isle if Isle you are unable to receive a reduction or fine”, and “Isle if Isle to imprisonment with prison labor, Isle to son?

“.......”, “insurance designer’s business” is revoked.

In light of the above facts, the Defendant’s act of sending the above text messages over 12 times as indicated in the facts charged, such as “the Defendant’s act of sending the above text messages constitutes a attack as it notifies the victim or D’s failure to comply with the Defendant’s demand that it would lead to a criminal prosecution or harm the workplace, and thus constitutes a attack. Although the Defendant sent the above text messages for the purpose of restoring the Defendant’s damage to his mother-child J.

Even in light of the specific contents, expressions, frequency, and period of the above text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text text.

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