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(영문) 청주지방법원 2013.10.17 2013고정748
협박
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:50 on April 11, 2013, the Defendant called the Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, the Defendant: (a) completed a judgment on the purchase price claim No. 2013 Ghana307, which the Defendant raised as the Defendant “C Co., Ltd.”; and (b) had the victim D, who is an employee of the said company, engage in drinking. (c) “I will kill the Defendant at the time of the death of the finite which the Defendant died.”

Accordingly, the defendant threatened the victim as he would inflict any harm on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement law to D;

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

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s act does not constitute intimidation under the awareness that it is merely an expression of emotional humiliation or temporary labor, and thus does not constitute intimidation.

2. Determination

A. In the crime of intimidation, the term "Intimidation" means, as a general rule, notifying a person of harm to the extent that it may cause fears. As such, an intentional act as a subjective constituent element does not require any intent or desire to actually realize the harm notified by the actor with the awareness that the actor informss of such harm to the degree. However, in a case where the actor's speech or behavior is merely an expression of a simple emotional expression or temporary dispersion, and it is objectively evident that the perpetrator has no intention to harm in light of the surrounding circumstances, it cannot be acknowledged that the actor's intent of intimidation or temporary dispersion is not acknowledged.

The issue of whether there was the intent of intimidation or intimidation in the above meaning is not only the appearance of the act, but also the background leading to such act and the relationship with the victim.

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