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(영문) 대구지방법원 2017.10.13 2016고정2305

협박

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On November 23, 2016, the Defendant was sentenced to a suspended sentence of two years on October 25, 2017 by imprisonment with prison labor due to an injury in the Daegu District Court Kimcheon Branch of the Daegu District Court, and the judgment became final and conclusive on May 25, 2017.

[Criminal facts] On June 26, 2015, the Defendant, using a mobile phone (number B) in the name of the Defendant at around 00:45, using a mobile phone (number B) in the name of the Defendant, is a cell phone used by the victim C who became a vision due to a crime of insult, etc. on the Internet, on the ground that the Defendant was accused of a criminal complaint due to an insult by the victim C, which became a serious problem of goods transaction at the Internet.

지기주께 ㅋ 말을 못 알아먹네

” 라는 내용의 문자 메시지를, 같은 날 00:55 경 위와 같은 방법으로 “ 아 열받아 내는 니 그냥 안 둔다 ㅋ 대가리 빠아가 터 자주께 ㅋ ㅋ. ㅋ” 라는 내용의 문자 메시지를 각각 전송하여 피해자를 협박하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. A criminal investigation report (as to the phone number additionally admitted), investigation report (as to attaching details of sending B of a suspect's name), investigation report (as to attaching data received from the injured party), text message output data, investigation report (as to the confirmation of the text message of intimidation sent by the injured party), and photograph by capturing text message;

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;