(영문) 서울남부지방법원 2018.08.16 2018고정167

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크기(pt)

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줄 간격

자간(%)

(영문) 서울남부지방법원 2018.08.16 2018고정167

협박

Text

Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 14, 2017, at the office of integration of the criminal department of the 608 Yeongdeungpo Military Police Station as the Seoul National Assembly around July 14, 2017, the Defendant is going to die of the victim while the Defendant was under investigation of the nature of the case that the victim B(61) was filed by interference with the business of the victim B(61).

"The victim threatened the victim".

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness B;

1. Investigation report (Investigation Records 23 to 32 pages) (The defendant and his defense counsel merely made the victim’s remarks with a simple emotional humiliation or temporary poppy sign, and there was no criminal intent of intimidation against the defendant.

The argument is asserted.

In a crime of intimidation, the term "Intimidation" means, as a general rule, the notification of harm to the extent that it may cause a person to feel a fear. As such, an intentional act as a subjective constituent element does not require the intent or desire to actually realize the harm and danger that an actor knowss to such an extent that it is likely to cause a person to feel a threat.

According to each of the above evidence, the defendant "I am off the eye on the outside."

“Along with the content of specific harm and injury as indicated in the judgment, the victim made a speech, including the content of the harm and injury, and attempted to drink the victim.

At the time, the defendant was in a state where he had been undergoing a substitutional investigation in the police station and he was in a state.

Even if such words were to be seen as having given notice of specific harm that a defendant may inflict harm on a victim's body outside the police station, it constitutes a harm that is generally likely to cause a person to feel a fear, and it is difficult to view it as a simple expression of emotional humiliation or temporary decentralization in light of the existence of the content of the intimidation, etc.

Therefore, the defendant and defense counsel's above assertion.

유사 판례

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