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(영문) 서울중앙지방법원 2018.10.25 2018고단5049

공갈미수

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from around December 2, 2016, was the victim B (V, 55 years of age) who was living in the Republic of Korea from around December 2016.

The victim sent letters to the victim on February 25, 2018

“A dance institute is frighting to spread the body photographs of the victim taken in the future without being aware of the dance institute, and to leave the victim’s children’s cafeterias up to the right angles.” On February 27, 2018, around 19:00, at the first floor “D” shop located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City around February 27, 2018, the victim met the victim and display the victim drinking at the victim, and the amount of KRW 15,00,000 is demanded to be 15,00,000,000 as the money to the private teaching institute was displayed. Because the photograph of the dynamic image is taken, the money should not be known.

“In the end, the victim threatened the victim.”

The Defendant, as such, attempted to attack the victim and deliver 15,000,000 won to the victim who was frighten, but the victim did not respond to such attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of each letter-related photograph, investigation report (netly 13) statute;

1. Determination of sentence - Determination of sentence - favorable circumstances: confession, attempted confession, unfavorable circumstances - Unfavorable circumstances - In light of the motive and circumstance of the crime, method, relationship with the victim, threat, etc., it seems that the fear of suffering of suffering of suffering of suffering of the victim was considerable, and that the fear of suffering of suffering of suffering of the victim was made considerable due to the crime. Considering that the victim's family members suffered of imminent distress due to the crime, the victim's strong punishment wanted - other circumstances including the defendant's age, sex, family relation, occupation, occupation, and circumstances, etc., the sentencing guidelines should be taken into consideration.