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(영문) 서울남부지방법원 2020.01.23 2019고정1092

공갈미수

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant, when compared with the victim B (the 58-year old age), had the victim resided in the monthly house in which the victim tried, and was asked by the victim to leave the said monthly house at the above monthly house, with the victim's mind that he would receive money from the victim.

On December 29, 2018, the Defendant: (a) intending to attack the victim by means of telephone to the effect that “if you leave the monthly house, you need to send money; and (b) you would know to the husband’s her husband that he/she would know if you would not send money; and (c) did not intend to receive KRW 2 million from the victim; (d) but did not intend to receive money from the victim, and did not perform an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report on investigation;

1. Relevant Articles 352 and 350(1) of the Criminal Act regarding criminal facts, the selection of fines (a person who commits a repeated crime during the period of repeated crime and is not good in view of the substance of the crime, but the victim does not want the punishment of the defendant by mutual consent with the victim at the investigation stage, and the victim shall be punished by a fine equivalent to the summary order, taking into account records and all the other general conditions of sentencing

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

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