beta
(영문) 대구지방법원 2018.07.05 2018고정473

공갈미수

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, as the wife of the victim B (56) was in an inappropriate relationship with C, was aware of the victim’s awareness, and the relationship with C was terminated. As the victim’s house was found, the Defendant thought that the victim’s family and the neighbors would know of the above facts, and received money and valuables from the victim’s family and the neighbors.

1. On November 23, 2017, the Defendant threatened the victim with the purport that “The victim becomes aware of an inappropriate relationship with C, if he/she does not know about KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

2. On November 23, 2017, the victim threatened the victim with the purport that “If the victim sent the victim with a view to sending him/her within his/her inner invasion, by telephone from the Defendant’s residence located in G in G, Gandong-gun, the victim would be aware of an inappropriate relationship with C, by finding the victim as a house,” and by threatening him/her to inform him/her of the inappropriate relationship with C;

3. On November 24, 2017, around 13:11, 201, at the above Defendant’s residence, the victim expressed a door to “701 heading room and there was no one.” From April 200 to April 1, 200, C’s written statement was 1.5 million won in one month, and, if not, would have known to his family, she would find in the house and know to her family.” The victim attempted to bring a gold of KRW 10 million from the person suffering from drinking damage, but the victim failed to comply with the demand and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Recording notes;

1. Application of the Acts and subordinate statutes to the complaint;

1. Articles 352 and 350 (1) of the Criminal Act relating to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances favorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment: the time when mistake is discovered and reflects the fact that the crime is committed, and the circumstances unfavorable to the attempted crime are committed: