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(영문) 서울서부지방법원 2019.11.20 2019고정278
협박등
Text

The defendant shall be innocent.

Reasons

At around 15:00 on June 7, 2018, the Defendant, within the conference room for video coverage of the C3th floor located in Mapo-gu Seoul Metropolitan Government, instructed the victim to prepare a report instead of a report, and the victim submitted a report instead of a report to the victim and made a threat to the victim by openly pointing out the victim’s “I will die and die. I will see the victim’s death.” While the victim’s sexual impulses such as F will die, I will die and die.”

Maz.

1. Relevant legal principles

A. The term “influence” in the crime of insult refers to the expression of an abstract judgment or a sacrific sentiment that could undermine the people’s social evaluation without revealing facts.

However, since the language is the most basic means of human expression and can be different for each person, all of them cannot be punished as a crime of insult under the Criminal Act on the grounds that their expressions are somewhat vague and indecent.

Therefore, if any expression is not likely to undermine the social evaluation of the other party’s personal value, such expression was expressed in a somewhat exceptional and indecent manner.

Even if this constitutes an element of the offense of insult, it shall not be deemed to constitute an element of insult.

(Supreme Court Decision 2015Do6622 Decided December 24, 2015 and Supreme Court Decision 2017Do2661 Decided November 29, 2018, etc. (see, e.g., Supreme Court Decisions 2017Do2661, Nov. 29, 20

Intimidation refers to the threat of harm to an extent that may cause a person to feel a fear in general. As such, an intentional act as a subjective constituent element of a intimidation is a perception that the actor is aware of such a threat of harm to such an extent, and the intent or desire to actually realize the harm so notified is not necessary, but the expression or behavior of the actor is a simple emotional expression.

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