A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, he shall be 100.

Criminal facts

The Defendant is the wife of the victim C (the 53 years of age, South) and jointly owned 500 square meters of the D’s land at the time of luminous. The Defendant and the victim sold 500 square meters of the D’s land at around October 2005, which was jointly owned by the Defendant and the victim, and subsequently, are in the process of a lawsuit for return of the profit on the ground that they were subjected to the damage of the right to sell apartment and the right to sell commercial buildings from compensation.

The Defendant, on June 24, 2016, on the ground that, within 105 Dong Dong-dong 502, the Defendant: (a) on the ground that, by telephone, the victim does not return the profits by leaving the phone, the Defendant “clicked down the pesticide value” has knicked and died; (b) the Defendant has thickness;

When the death or death of the deceased, the victim was threatened, such as notifying the harm or injury that is terminated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

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

1. Article 283 (1) of the Criminal Act applicable to the relevant criminal facts and Article 283 (Selection of Penalty) of the Criminal Act;

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

1. As to the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant and his/her defense counsel suffered a fear of actual fear of the victim.

It is difficult to see the crime of this case as an attempted crime of intimidation.

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 notification, and the degree of friendship and status between the perpetrator and the other party. However, as long as the other party is aware of its meaning by notifying the harm and injury to such an extent that it does not require the other party to feel fear, the elements of the crime are satisfied, regardless of whether the other party actually made fear.