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(영문) 수원지방법원 안양지원 2016.05.03 2016고정103
협박
Text

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

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

Reasons

Punishment of the crime

The defendant is the mother of female students attending the same department at the university where victims are enrolled.

The Defendant sent the word "on July 17, 2015, 2015, on the part of the Victim Handphones of the Victim, with the victim's Handphones around 02:30 on the part of his/her father and the victim with his/her her her son and the son's son."

On the same day, the Defendant, at around 20:54 on the same day, threatened the victim by putting the phone again, and then putting the victim a collapse, thereby leaving him/her free of anywhere, and by threatening him/her.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A report on investigation (attaching relevant explanatory opinions);

1. Application of the Acts and subordinate statutes to the closure of a letter, a photo, and to the closure of a course;

1. Relevant Article 283 of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel who are not likely to cause fears does not reach the extent that his behavior does not cause fears to the victim;

The argument is asserted.

In order to establish a crime of intimidation, the details of harm and injury notified should 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 third party where the harm and injury was notified by the third party, etc., but it does not require the other party to feel feel realistically. However, as long as the other party recognizes its meaning by notifying the harm and injury, the other party realistically promulgated the harm and injury.

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