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(영문) 청주지방법원 2017.04.25 2016고정987
협박
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant listened to the horses “F was raped” from the wife E on November 6, 2013, and the Defendant called F’s cellular phone on November 7, 2013, but called F’s cell phone on November 13:36, 2013, but the Defendant called F’s wife G (F’s age 55) (F’s age 55) to the victim who was subject to this phone, “on how the Defendant would have to go to the her husband, she must do so with a knife blade.”

1) The following can be seen as the clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamor of a clamb.

2. Determination

A. “Intimidation” generally required for the establishment of a crime of intimidation under Article 283 of the Criminal Act means a threat of harm sufficient to cause fear to a person who has become the other party. Whether such threat constitutes a threat of harm or injury must be determined by comprehensively taking into account various circumstances before and after the act, such as the offender and the other party’s tendency, surrounding circumstances at the time of notification, relationship and status between the offender and the other party, and the degree of friendship (see, e.g., Supreme Court Decisions 2007Do606, Sept. 28, 2007; 201Do10451, Aug. 17, 2012). In addition, a crime of intimidation means that a threat of harm to a degree that may cause fear to a person by viewing it as a general matter, and thus, an intentional act as a subjective element means that a person knows that he/she is aware of harm or harm to such degree, and that he/she actually expresses his/her intent or expression is unnecessary.

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