logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.08.08 2018노429
협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s intimidation, the content of the text message sent by the Defendant to F is merely an expression of intent to give economic assistance without any contact, or an expression of fact that had already been given, and thus does not constitute intimidation, since it does not constitute a threat of harm and danger that may occur in the future.

B) As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., the Defendant and H merely exchanged and talked with each other’s text messages, and cannot be said to have repeatedly sent the Defendant’s text that creates fear or apprehensions of H.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the misapprehension of the legal principle of the defendant

A. In light of the following circumstances, in light of the evidence duly adopted and examined by the court below as to intimidation, the Defendant’s sending the victim F (hereinafter “victim”) a text message to the effect that the Defendant would disclose or would cease to provide economic support to the victim F (hereinafter “victim” in this paragraph) constitutes intimidation by notifying the victim of specific harm and injury likely to be likely to occur in the future, and thus, the Defendant’s allegation in this part of the legal principles is without merit.

1) The Defendant, as the chairperson of the “C”, was a public official volunteer group, was a member of the Infant Care Center, and the victim was supported by C.

The E Child Care Center is a university student of 18 years of age who has left home and lives for self-reliance, and even after retirement of E Infant Care Center, the E Child Care Center has received physical and economic support from the support group to which the defendant belongs to prepare for a public official examination.

2) The E Infant Care Center shall be a adult male sponsor for the retired children, including victims.

arrow