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(영문) 대구지방법원 김천지원 2014.06.12 2014고단176

공갈미수

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

On November 2013, 2013, at the D cafeteria operated by Defendant B, the Defendants conspired to attract money by threatening the victim E (39 years of age) by using the fact that the victim E (39 years of age) is F and F, and Defendant B, on the same day, notified Defendant A of the victim and F, contact address, address, family relationship, etc. of the victim.

Defendant

A, around 20:34 on December 22, 2013, at the 20:34 Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gun, the victim was informed of the fact that he calls the victim for a public telephone installed at the Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, in order to use the public telephone at which he is located, and has a photograph to enter the telecom, which means that "I will know about the fact that he is the F and the right," and the two photographs will be carried into the telecom. If 30 million won is not known, I would be able to know about the party refusal and the F's husband." While the victim was to receive the above money from the food victim, the victim did not report the fact to the police,

As a result, the Defendants conspired to commit an attempted crime, but attempted to receive property by threatening the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to A Arrest Inspector);

1. The Defendants: Articles 325, 350(1), and 30 of the Criminal Act; Articles 325, 350(1), and 30 of the Criminal Act; the choice of imprisonment

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Although the nature of the Defendants’ mutual relationship for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, the relationship between Defendant B’s victim and F, Defendant A’s like records, Defendant A’s motive of commission of crime and motive of crime, Defendant B’s degree of participation and content of participation, specific intimidation of Defendant A, and the number of initial demands, the Defendants’ crime is very poor, the amount of final demand and crime are committed in attempted crimes.