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(영문) 부산지방법원 2016.07.13 2016고단2850

공갈

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant borrowed KRW 50 million from a lending company, but it was urged due to the Defendant’s failure to remove it, which led to the Defendant to change this, and to raise entertainment expenses, etc., the Defendant was willing to gain money by approaching women through smartphone-rating and raising them.

On July 2015, 2015, the Defendant would have access to the victim D (V, 28 years of age) through the mobile phone display case “C” at a place where a police officer was not a policeman, and would have the victim want to report his body photograph.

At the same time, the victim taken the victim's upper half of the body photograph with the cell phone camera function, and then sent the file to the defendant's cell phone.

On August 24, 2015, the Defendant called the victim at a non-place and circulated to the Internet, flusing, flusing, and Narn Family, the pictures sent by Nar without giving money to the victim.

“Accomageed” and received 1,700,000 won from the person suffering from drinking, to the Defendant’s new bank account.

In addition, from August 24, 2015 to April 5, 2016, the Defendant 35,790,000 won was remitted by 21 times in total as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Application of investigation reports (limited to attachment of a detailed statement of transactions from entering and leaving the victim), investigation reports (limited to attachment of some of the contents of conversations) and statutes;

1. Article 350 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 2 (at least 30 million won, less than 100 million won), the basic area (at least 20 June 20 to 2 years) of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment) is not subject to punishment for increase in the type of one step (special mitigation (a person subject to special mitigation)) as a result of the combination of identical concurrent crimes; or