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(영문) 대전지방법원 2014.05.21 2014고단738
협박
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, a multi-level marketing company, was working for a multi-level marketing company C as a “multi-level shareholder” member.

At around 20:50 on September 11, 2013, at the Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon Daejeon District Office, the Defendant’s Handphone (E) was a mobile phone (G) of the Victim F (G) (24 years old) with the Defendant’s Handphone (E), “the subordinate organization is suffering from damage due to the width. If a bomer occurs due to the bomb in the inside, the bomer will die. The bomon bomon bom is not a hon hon hon hon hon hon hon hon hon hon hon hon hon hon hon hon hon h.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement concerning F;

1. Application of F’s Acts and subordinate statutes to the civil petition;

1. Article 283 (1) of the Criminal Act applicable to the crimes;

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

1. The defendant and his defense counsel asserted that the crime of intimidation cannot be established because the defendant's above Kakakao text cannot be seen as a threat of harm likely to cause a general fear, as it is difficult to view it as a threat of harm and injury.

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 relation between the perpetrator 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 the other party to feel feel realistically. If the other party knew of 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 made fear.

(See Supreme Court Decision 2007Do606 Decided September 28, 2007).

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