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(영문) 서울서부지방법원 2020.01.15 2019고정876

협박

Text

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

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

Reasons

Punishment of the crime

The Defendant was a person who revised part of the facts charged with the Defendant’s wife B (Nam, 56 years old), and part of the facts charged with sexual intercourse, and the victim was working for Company D, and the Defendant was willing to inform C of the relationship with C at the workplace of the victim who did not receive the Defendant’s contact with the Defendant, and to pressure C by threatening the victim, as if he were to mislead the victim.

피고인은 2018. 8. 26. 20:33경 서울 영등포구 E 인근의 주점에서 휴대폰으로 C과 피고인이 여행지에서 함께 찍은 사진 3장을 피해자에게 전송하고, 계속하여 “일단-요번에, C이랑 둘이 대만간사진입니다.-D감사실에서 알면 곤란하�죠. B씨”라는 문자메세지를 전송하고, 계속하여 같은 날 20:53경 “B씨 반갑지안�읍니다만 저 아시죠 이번에 C이랑 둘이 대만 B씨가 갔다온데 둘이 4박5일갔다 왔어요. 더 깊은건 D감사실에 알면 곤란하시겠죠”라는 문자메세지를 전송하여 피해자를 협박하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the investigation report (related to cell phone photographs of the complainant);

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s act of sentencing on the grounds of sentencing under Article 334(1) appears to have led to fear and fear; and (b) the Defendant did not reach an agreement with the victim; (c) the Defendant’s act was against the victim; (d) the Defendant’s act was committed; (e) the degree of intimidation; (e) the Defendant’s age, character and conduct, career, home environment; (e)