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(영문) 대구지방법원 영덕지원 2017.08.09 2017고단129

공갈미수

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim C are the parties living together from June 3, 2016, and the victim C and the victim D are the couple.

The defendant did not proceed to divorce with the victim C but rather demanded the victim to be hedging, which led to the victim's mind to demand money by providing the victims with the company where C works for the victim C to know the unknown fact.

From January 15, 2017 to January 25, 2017, from around 21:50 to around 08:52, 2017, the Defendant sent the victims with a text message and Kakakao Stockholm message to the company where the victims are working, as indicated in the attached list of crimes, on 14 occasions, as well as sending the victims with a text message and Kakao Kakao Stockholm message on January 16, 2017, and then, at around 12:40 on January 16, 2017, the Defendant would pay the victims KRW 100 million, an annual salary of the C. The payment of money will be made regardless of how the victims would be paid.

In the absence of money to the purport that the victim C did not have been aware of the fact of the victim C’s unknown fact to the company where C works.

As such, the Defendant attempted to attack the victims and deliver KRW 100 million from the victims of drinking, but the victims failed to bring criminal action against the police and attempted to do so.

Summary of Evidence

The Defendant’s legal statement D, police statement investigation report to C (record accompanied by the record submitted by the complainants), and accompanying materials related to the criminal facts subject to the applicable provisions of the law and the applicable provisions of Article 352 and Article 350(1) of the Criminal Act on the judgment of sentencing under the suspended sentence of Article 62(1) of the Criminal Act on the basis of the crime of sentencing under Article 62(1) of the Act on the Suspension of Execution of Criminal Procedure for the Criminal Procedure for the crime of this case is an attempted crime of which the Defendant would have, as if the victims were to be informed of the non-humanity to the company, to receive 100 million won, and

The fact that the defendant did not receive a letter from the victims is also disadvantageous.

However, the defendant recognizes the crime of this case.