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(영문) 창원지방법원 밀양지원 2016.09.01 2016고단320
협박
Text

The prosecution of this case is dismissed.

Reasons

1. On March 14, 2016, the summary of the facts charged (Intimidation and assault) the Defendant heard the victim’s statement that “I will see why I would see another person’s wife G in the victim’s wife,” and “I would like to see why I would see another person’s desire to go to the other person?” while I would like to see the victim’s her wife G in the case of the 3rd floor of the D Hospital located in Mayang-si in Mayang-si on March 14, 2016.”

Accordingly, the defendant assaulted and threatened the victim.

2. Of the facts charged in the instant case, the charge of intimidation is a crime falling under Article 283(1) of the Criminal Act, and the charge of assault is an offense falling under Article 260(1) of the Criminal Act, and the charge cannot be prosecuted against the victim’s express intent under Articles 283(3) and 260(3) of the Criminal Act.

However, it is clear that the agreement that the victim had agreed with the defendant to revoke the complaint against the defendant and not be held liable for civil and criminal liability has been submitted to this court on August 18, 2016 after the institution of the prosecution of this case, and the victim has withdrawn his/her wish to punish the defendant.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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