Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On September 7, 2017, the Defendant sought to lose management rights of the Company C (61 years) operated by the Defendant at the luxinary land around 12:49.

생각하여 화가 나 피고인의 휴대폰을 이용하여 피해자의 휴대폰으로 “ 곧 깜 방에 보내줄께,

In the case of [Attachment] Nos. 2 through 4, such as sending a message “The Elderly People's Republic of Korea” at age or sea, correction shall be made to the extent that there is a clerical error in the date and time in the year, to the extent that it does not infringe the defendant's right of defense.

The victim threatened the victim by sending text messages that give notice of harm to the victim at least four times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Complaint;

1. Kakao Stockholm photographs to capsize the contents of the Kakao Stockholm conversation;

1. Application of the Acts and subordinate statutes concerning the closure of each letter message;

1. Relevant provisions of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment for a crime;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order does not constitute a crime of intimidation since the content of each text message in the judgment does not constitute a threat of harm, and even if it constitutes a malicious notice, it is merely an expression that the damaged defendant expressed labor and does not go against social norms.

The argument is asserted.

"Intimidation" required for the establishment of a crime of intimidation under Article 283 of the Criminal Act generally refers to the threat of harm sufficient to cause fear to a person who becomes the other party. Whether such threat constitutes a threat of harm or injury is various 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 degree of friendship.