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(영문) 의정부지방법원고양지원 2020.08.27 2020고정415
협박
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

As C’s her former wife of the victim B, the Defendant refused to repay KRW 50 million borrowed from the Defendant and the Defendant’s mother’s mother during the marriage period with the victim, on the ground of the completion of extinctive prescription, etc., the Defendant abused that the victim was a public official, and sent a text message to the victim’s workplace or family member from February 2015, which threatened the victim’s notification as if he/she were aware of the above facts. On May 26, 2015, the Defendant sent a text message to the victim’s family member at an influent place around 09:59 on May 26, 2015, the Defendant was the head of the N. B. B. B.D’s parents who did not respond to BCD’s refusal to contact with B. B. b. b. b. b. b. 3. b. b. b. 3. 3. 3. 3. 2015.

Summary of Evidence

1. Statement of the police concerning partial statement B by the defendant;

1. Application of the Acts and subordinate statutes to the accusation sheet (including attached materials) prepared B;

1. Relevant Article of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The defense counsel asserts that sending text messages, as described in the facts charged, do not constitute a “Notice of piracy” as referred to in the crime of intimidation, where sending text messages to the defense counsel’s assertion as to Article 59(1) of the Criminal Act (including the fact that the content of harm and harm notified is not significantly weighted, the harm and harm has not been realized, the victim expressed his intention of punishment only in the civil litigation against the Defendant after five years’ volume or lapse, and the Defendant is an initial criminal without any previous conviction).

However, in the crime of intimidation, it generally means the threat of harm to the extent that it causes fear to a person, and the content of the harm so notified, namely, the kind of legal interest or the benefit of legal interest, shall be enjoyed.

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