공갈미수 등
Defendant
All appeals filed by A and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant A (one year and six months of imprisonment) is too unreasonable.
B. According to the evidence submitted by the prosecutor by the prosecutor, although it can be sufficiently recognized that Defendant B sent text messages to F’s cellular phone that caused uneasiness to F, the court below acquitted Defendant B of violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. among the facts charged against Defendant B.
2. Determination
A. The fact that there is no criminal record heavier than a fine for negligence to Defendant A, the crime of extortion of this case is attempted, and the fact that Defendant A deposited a certain amount of money for victims is favorable to Defendant A.
However, in light of all the sentencing conditions stipulated in Article 51 of the Criminal Act, including the fact that Defendant A’s act of committing the instant crime was committed by taking advantage of the weak points of the victim who was in in a bad relationship with the victim, and the victim has been withdrawn from the victim for a long time, and the victim has constantly threatened and threatened the victim who did not respond to the instant crime, and sent a photograph file prior to the victim’s sexual organ using the victim’s husband’s cell phone, etc. with the victim’s father and the victim’s father’s cell phone, and the victim strongly sought punishment against Defendant A, it cannot be said that the sentence imposed by the court below is unreasonable because it is too unreasonable.
B. According to each evidence duly adopted and examined by the lower court on the grounds of appeal by the prosecutor, the following evidence are as follows: ① Defendant B sent 11 text messages to Defendant F’s wife; ② Of the above text messages, 6 text messages are mainly love with the phone number of Defendant A as “A”’s cell phone number.
(3) The above text messages are the following.