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(영문) 전주지방법원 2016.11.04 2016고단1275
협박등
Text

The prosecution of this case is dismissed.

Reasons

1. Summary of the facts charged

A. In March 2016, the Defendant, while having contacted with the victim D through the “C”, a mobile phone displayer, or by telephone, on the ground that the Defendant had a loyalty with another male who was the victim at the time, on the ground that the Defendant had a compromise with the victim on the relationship with the other male who was the victim at the time.

On March 2016, the Defendant attempted to communicate with the victim on the foregoing grounds. However, on the Defendant’s account of the Defendant’s Kakakastory, the victim was not contacted, and the Defendant’s mother of the victim to the account of Kakastory, “E,” up to the Defendant’s account of Kakastory, sent a written statement “D,” which is the victim’s name, to the Kakastory, designated the victim’s name on the Kakastory book that can be seen as all the members of the Kakastoo Committee, and insulting the victim by openly referring to the statement “Fchchch,” “C,” “C,” “C,” “C,” and “C,” which reads the victim’s name.

B. Intimidation 1) On April 1, 2016, the Defendant: (a) sent the victim a phone call on the following grounds: (b) on April 1, 2016, on the following grounds: (c) the Defendant sent the victim the message “I am knife on the street, I am knife. I am knife. I am knife I am. I am am knife I am.” (b) on April 3, 2016; (c) on April 3, 2016, the Defendant sent the victim a secret message to the victim on the ground of the foregoing paragraph (1).

Accordingly, the defendant had expressed his attitude as to what kind of harm to the victim's personal affairs, and threatened the victim.

2. Of the facts charged in the instant case, the part of intimidation is an offense falling under Article 283(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act. The insulting part is an offense falling under Article 311 of the Criminal Act and is prescribed in Article 312 of the Criminal Act.

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