Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On July 8, 2018, the Defendant: (a) sent a copy of a photograph taken on the surface of the clicket called “Clicket” on the part of the victim C (W, 32 years of age) before many unspecified persons, and made a demonstration to the Kakao Stockholm of the victim C (hereinafter referred to as “Clicket”), thereby threateninging the victim to put the victim into the clicket and threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to an investigation report (related to the surface of a ticket or demonstration);

1. Article 283(1) of the Criminal Act applicable to criminal facts and Article 283(1) of the Determination of Punishment Act (amended by Presidential Decree No. 18504, Aug. 26, 2006) refer to the notification of harm to an extent generally likely to cause fear to a person. Thus, an intentional act as a subjective constituent element does not require any intent or desire to actually realize the harm that the actor knows, citing, and so notified. However, if the actor’s speech or behavior is merely an expression of mere emotional humiliation or temporary dispersion, and it is objectively evident that there is no intention to harm in light of surrounding circumstances, it cannot be acknowledged that the actor’s act of intimidation or temporary dispersion has no intention of intimidation. However, whether there was an intention of intimidation or intimidation in the above meaning should be determined by comprehensively taking into account not only the appearance of the act, but also the circumstances leading to such act, the relation with the victim, etc., of the demonstration, and the circumstances surrounding it should be determined by the court’s adoption of the evidence of this case.