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(영문) 서울북부지방법원 2019.07.12 2018고단4429

공갈미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

(b) Crime history;

1. On February 5, 2018, the Defendant attempted to receive property from the victim ***** 24 years old and 24 years old through mobile phone display rate “B” in Seoul Special Metropolitan City Nowon-gu around February 5, 2018, suggesting that he/she will engage in sexual traffic, and found the victim’s residence in the above victim’s place of residence and then treat the victim with sexual illness after having sexual intercourse with his/her sexual intercourse with his/her sexual intercourse. The Defendant attempted to receive property from the victim : “If he/she does not have to pay KRW 1 million including medical expenses 250,000,000,000,000,000,000 won and 7.5,000,000,000 won, it did not bring about the victim’s refusal to do so and attempted to do so.”

2. The Defendant committed an indecent act by force by force against the victim, on the date, time, place, etc. set forth in paragraph (1), stating that “The Defendant committed the crime of assaulting at a certain place,” which reads that “the victim is in a sexual intercourse with the reduction of KRW 100,00,00 to the victim,” and committed an indecent act by force, such as using the shoulder and buckbucks

Summary of Evidence

1. The entry of part of the statement in the police interrogation protocol (including the C statement) of the defendant in relation to the defendant's legal statement made by the witness C in court;

1. Protocol concerning suspect interrogation of C;

1. The application of the C-Written investigation report (related to attaching photographs of 112 reported phones of the victim C-C mobile phones) and the application of the Acts and subordinate statutes that output the telephone details attached thereto;

1. Relevant legal provisions concerning criminal facts, Articles 352 and 350 (1) of the Criminal Act (the attempted crime), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for each of the following reasons:

1. Of concurrent offenders, the crime of this case committed on the grounds of sentencing under Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and Article 59-3(1) of the Act on Welfare of Persons with Disabilities is committed with a female victim for the purpose of engaging in sexual traffic.