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(영문) 대구지방법원 2020.01.22 2019고단5138

협박등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On April 8, 2019, the Defendant forced the victim to prepare a statement that “The Defendant had a sexual relationship with the victim, knowing that the wife of the Defendant was a married person,” by threatening the victim to “the victim’s office at work in the Daegu Suwon-gu Office B, Daegu-gu, 2019.”

Accordingly, the defendant, by intimidation, caused the victim to perform a non-obligatory act.

2. At around 15:00 on April 9, 2019, the Defendant, at the above C Office, sent a victim’s telephone tape recording with the victim’s parents recorded on the Defendant’s mobile phone, and “I will also kill the victim’s parents, if the victim’s pathm interest difficulties are several blanks. I would like to voluntarily commit suicide. I would like to suggest other methods to solve the work. I would like to resolve the work. At present, I would like to have 15 million won mental counseling, and 30 million won, if I would like to agree with the amount of attorney fees.”

The defendant prepared two copies of the Notarial Deed stating that the victim bears the obligation of KRW 30 million to the defendant, including one copy of the Notarial Deed stating that the victim bears the obligation of KRW 50 million to the defendant, and that the victim bears the obligation of KRW 80 million to the defendant.

As such, the Defendant acquired economic benefits by threatening the victim.

3. From May 21, 2019, the Defendant was under confinement with a view to a dangerous object on the ground that the victim told others of the fact that the victim had sexual intercourse with the Defendant’s wife.