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(영문) 수원지방법원 안산지원 2018.09.19 2018고단2750

공갈미수

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a victim E (n, 27 years of age) educational system.

In 2013, the injured person obtained the lost mobile phone and possessed the nudic photograph taken by the injured person.

On August 7, 2018, the Defendant accessed the victim’s account with the Internet Facebook north Messenger, and then sent one half of the victim’s photo to the victim, and the victim obstructed the victim’s account. On August 9, 2018, the Defendant accessed the victim’s facebook to the victim’s facebook Messen from Seoul and then sent four copies of the victim’s photo to the victim’s side page Messenger’s account to the victim.

However, the victim refused to be pregnant.

이에 피고인은 페이스 북 메신저를 통해 피해자에게 ‘ 남편은 아니 ㅎㅎㅎ/ 부모님 카 톡 에는 참 조신한 니 결혼식 밖에 없는데/ 그냥 돈 주고 끝내 /300 보내

If a victim does not transmit money by transmitting the same, he/she shall be able to spread a photo to the victim’s family members.

In a way of intimidation, the victim was crypted, and 3 million won was demanded.

As a result, the defendant attempted to receive property by threatening the victim, but he did not report it to the police and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes 22 copies of photographs by cutting down the contents of conversations in the Facebook;

1. Relevant Article 352 of the Criminal Act, Articles 350 (1) and 350 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Although the nature of the crime is inferior in light of the background and method of the crime of sentencing under Article 48(1) of the Criminal Act, it appears that there is no criminal record exceeding the same criminal record or fine, and the relationship between the society and the family is obvious.