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(영문) 대구지방법원 김천지원 2016.09.06 2016고정211
협박
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On January 5, 2016, the Defendant, as a person who worked as an insurance solicitor of the Insurance Sales Business Co., Ltd., Ltd., which was operated by the victim B (the age of 53), had expressed a complaint that the victim did not pay insurance allowances. On January 5, 2016, around 20:24, the Defendant threatened the victim with “I am bombly and bombly, because I am bomb, I am bombly and bombly, I would see that I am bombly.”

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The defendant did not specify the subject of the instant notice as the victim, and the content is merely expressing the situation and emotions of the defendant, and thus did not have an intent to notify the victim of harm. Thus, the defendant asserts that the subject of the instant notice does not constitute a crime of intimidation.

In relation to a crime of intimidation, intimidation means, as a general rule, the threat of harm to the extent that it may cause fears to a person, and in order to establish a crime of intimidation, it should be notified that it would be at least possible to cause such harm.

On the other hand, the subjective element of the crime of intimidation lies in recognizing that the perpetrator is aware of such a degree of harm and injury, and it does not need the intent or desire to actually realize the harm and injury. However, even if the notice of harm and injury is given, if it is only a degree acceptable by social norms in light of social customs, ethics, etc., or it is merely a mere emotional expression or temporary labor, and it is objectively evident that the perpetrator has no intention to harm in light of its surrounding circumstances, it cannot be acknowledged as an act of intimidation or intimidation. It is not only the external appearance of the act of intimidation or intimidation, but also such an act.

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