logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.04.12 2017노4519
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal lies in the fact that the Defendant sent the victim a text message with the same contents as the judgment of the court below, but it cannot be deemed as a threat of harm and injury, and thus, constitutes a crime of intimidation, the court below which found the Defendant guilty of the facts charged of this case has erred by misunderstanding the facts

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the relationship between the Defendant and the victim, the circumstance and details of the Defendant sent the above text messages, and the victim’s response at the time, it is objectively evident that the instant text messages sent by the Defendant were not indicated as temporary labor or that there was no intent to harm in light of the surrounding circumstances.

It is difficult to see that the victim has been informed of harm sufficient to raise fear, and it is a intimidation.

Therefore, the defendant's above assertion is without merit.

① From March 2016, the Defendant conspireds with the victim, and the Defendant saw the victim as the Hague around the second half of 2016.

At that time, there was no telephone from the defendant.

Accordingly, the Defendant continued to send the victim a text message to the effect that he/she wants to make a call, and “ multiple times” from April 8, 2017 to 23:06 on the same day.

Malibal v. v. v. v. v. will be rashed properly in the future.

It is front of the house.

The instant text message, stating the content of the deceased, was sent several times.

② If an injured party, who did not receive any contact with the Defendant, received the above text message, stating that the injured party would be able to take multiple and bullying from the Defendant, then the injured party was actually the victim.

arrow