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(영문) 수원지방법원 평택지원 2019.02.14 2018고단912 (1)
협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around August 19, 2017, the Defendant demanded B to hedge in a personal relationship with one another. When the Defendant was threatened by B to the effect that “I wish to know about the fact that he had been in a personal relationship if he had continued to do so,” the Defendant had been able to be punished B by filing a complaint with an investigative agency about the false fact that B had taken the Defendant’s cellular act by compulsion and rape.

Around August 25, 2017, the Defendant submitted a written complaint to a police officer with no name to the effect that “B, around 17:00 on August 15, 2017, at the cargo vehicle B, threatened her husband to know that he/she would have to know about his/her unknown fact, and commits an indecent act by deceiving his/her chest at the house B on August 15, 2017, and raped the Defendant at around 18:00, and even around August 16, 2017, the Defendant conspiredd the Defendant by intimidation, as above, at the Pyeongtaek-si Police Station around September 2, 2017, the Defendant informed her face to the effect that “B would have sexual intercourse with the Defendant under the Gyeonggi-si Building D on August 5, 2017,” and that “B would have been sexual intercourse with the Defendant on August 14: 18, 2017.”

However, at around 17:00 on August 5, 2017, B, with the consent of the defendant, photographs of the defendant's room, sound, etc., and around 17:00 on August 15, 2017, B was forced to threaten the her husband to know the fact that the defendant's chest was not true. At around 18:0 on the same day, around 18:0 on the same month, around 16:0 on the same month, around 14:00 on the same month, and around 18:0 on the same month, there was no rape by threatening the defendant.

As a result, the defendant filed a false complaint with the investigative agency for the purpose of having B criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The interrogation protocol of the prosecution as to B

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