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The prosecution of this case is dismissed.
Reasons
1. The Defendant, at the request of the victims who have been liable for an amount equivalent to KRW 1.9 billion, terminated the establishment of the right to collateral security established on the building owned by the victim B to secure the above obligation, and the victims could not have been able to recover without having received the Defendant’s telephone, and the victims could not be forced to keep the Defendant on the ground that all of the documents were returned even after sending the certificates of contents, and the victims could be punished.
On June 11, 2019, the Defendant: (a) sent text messages to the victim C in the Defendant’s residence located in D on June 11, 2019, using the victim’s cell phone number (E) to find the victim’s cell phone number as the way to close the office where he was suffering from a fright after the surgery; (b) send text messages to “I see whether he would be a frightt upon the human lag; and (c) then sent text messages from around that time to October 31, 2019, and threatened the victim by sending text messages with the content that he would inflict any bodily harm on the victim’s body over 12 occasions, as shown in the list of crimes (E) in attached Form 1.
B. On June 9, 2019, the Defendant sent text messages to the victim B, at the same place as the foregoing paragraph (a) on June 9, 2019, using the victim’s cell phone number (F), to find the victim’s cell phone number as “the head of the office where the victim was found at the time of the operation and was shut down.” In addition, the Defendant sent text messages to “to show whether a person was satisfed at the time of the operation.” From around that time to October 31, 2019, the Defendant threatened the victim by sending text messages indicating that he would inflict any bodily harm on the victim’s body over 12 times, as shown in the attached list of crimes (B).
2. Determination:
(a) Provisions of applicable provisions to charges: Article 283 (1) of the Criminal Act;
(b) Crimes of non-compliance with will: Article 283 (3) of the Criminal Act.
C. On September 15, 2020, after the institution of public prosecution, the victims expressed their intention not to be punished.
(d) Judgment dismissing public prosecution (Article 327 subparagraph 6 of the Criminal Procedure Act);