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(영문) 광주지방법원 목포지원 2014.05.09 2014고정107

공갈등

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 20, 2011, the Defendant entered into a Buddhist relationship for about 11 months with the victim C (the 33 years old), who is a woman, and the Internet “D” music site.

Around August 2, 2012, the Defendant threatened the victim by saying, “E” under the mobile phone name of the Defendant to “F” the victim’s cell phone name in the victim’s cell phone name, which had been leased 5 million won as the victim was discovered by the victim’s influorial relationship with her husband, so it is good that the victim might have been discovered.” The Defendant threatened the victim by saying, “The fluoral year of the outbreak, the fluor, the fluor, the fluor, the fluoral part of the victim’s husband, the fluoral part of the victim’s husband.”

Around 17:00 on August 6, 2012, the Defendant: (a) received KRW 500,000 from the victim’s husband using the agricultural bank passbook in the name of the Defendant’s husband in the agricultural bank passbook in the name of his husband; and (b) received money from the Defendant.

2. 공갈미수 피고인은 제1항과 같이 피해자와 만나면서 빌려준 돈 500만 원 중 50만원을 교부 받고 나머지 돈을 요구하면서 2012. 8. 6.부터 같은 달 9.까지 피해자에게 “그 개새끼(피해자 남편)한테 다 까발리고 감옥 들어가”, “이 새끼 저 새끼 거시기나 빤 년이 니가 안 드럽냐”라는 등의 문자 메세지를 수십 회 보내 피해자에게 겁을 주었다.

The Defendant, as such, attempted to receive property by attacking the victim, but failed to bring the victim’s refusal to do so and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. C Complaints;

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

1. Relevant Article 350 of the Criminal Act, Articles 352 and 350 of the Criminal Act, Articles 352 and 350 of the Criminal Act, and the choice of fines for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;