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(영문) 부산지방법원 동부지원 2019.08.14 2019고정63
협박
Text

The defendant shall be innocent.

Reasons

1. On September 21, 2018, the Defendant: (a) around September 18:20, the facts charged: (b) around September 21, 2018, on the left-hand side of the Busan Shipping Daegu department store; (c) on the ground that the victim D (nick, 39 years of age) who followed the Defendant’s vehicle followed the Defendant, carried the vehicle on the road; and (d) took the victim’s vehicle in the vehicle; and (d) took the victim’s desire to bring

Then, the Defendant: (a) sent a cell phone glass door to a cell phone, and (b) threatened the victim by moving the front door to a cell phone, and (c) intending to open the front door to a cell phone, and by threatening the victim.

2. Determination

A. In order to establish a crime of intimidation, the content of the harm and injury notified must be sufficient to cause fear to a person generally in light of various circumstances before and after the act, such as the tendency of the actor and the other party, surrounding circumstances at the time of notification, and the degree of friendship and status between the perpetrator and the other party. However, it does not require that the other party realistically feel fear. As long as the other party perceived its meaning by notifying the harm and injury to such an extent that the other party knew of its meaning, the elements of the crime of intimidation shall be satisfied and the crime of intimidation shall be interpreted to have been completed regardless of whether the other party realistically caused fear.

(See Supreme Court en banc Decision 2007Do606 Decided September 28, 2007). And the act of notifying harm and injury in a crime of intimidation may be a threat of harm and injury, as the case may be, through ordinary language or language, or as the case may be, a threat of harm and injury.

Supreme Court Decision 74Do2727 Decided October 7, 1975, and Supreme Court Decision 2009Do5146 Decided September 10, 2009

Examining the black image of a vehicle that is the complainant, the defendant first stated that the complainant seems to have a window and read it to be "as soon as the complainant seems to have a window," and the complainant would get a window or get off from the car.

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