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(영문) 서울중앙지방법원 2018.05.14 2018고정133
폭력행위등처벌에관한법률위반(공동협박)
Text

Defendants shall be punished by fine for negligence of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are married couple, and Defendant B calls to the victim D (17 tax, South Korea) who is a high school student on July 31, 2017, around 12:3, 2017, and Defendant B wishes to inform the school of the fact that she is a high school student.

Defendant A, “A,” and Defendant A, who, having caused Nice, threatened the horses, such as “Eymar” and intimidation.

Accordingly, the Defendants jointly threatened the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing recording records;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act, the selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the Defendants did not constitute “in bad faith notification” to the victim, and that the victim did not feel fear at the time, and thus, the crime of intimidation is not established.

2. Determination

A. In order to establish a crime of intimidation, the content of the harm and injury notified must be sufficient to cause fear to a person generally in light of various circumstances before and after the act, such as the relation between the perpetrator and the other party, surrounding circumstances at the time of the notification, the relationship between the perpetrator and the other party, etc., and the relationship between the third party and the perpetrator where the harm and injury was notified by the third party. However, it does not require the other party to feel feel realistically, and as long as the other party recognizes its meaning by notifying the harm and injury to the same degree, it shall be interpreted that the other party satisfies the requirement of intimidation regardless of whether the other party actually made a fear, and the element of intimidation shall be interpreted to have been met and reached the length of the crime of intimidation.

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