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(영문) 서울남부지방법원 2018.11.15 2018고단3360

공갈미수

Text

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

Reasons

Punishment of the crime

Defendant from January 9, 2018

2. There is a space between the victim C (n, 31 years of age) with the metrout victim C (n, 31 years of age) through the hosting application (hereinafter “B”) until June 16.

Defendant, while disputing a victim on February 16, 2018, around 19:00 on February 16, 2018, was first hedging.

When the victim agreed easily, it is necessary to spread a sexually related dynamic image with the victim if the defendant did not know about 6 million won, which is a remote amount, in the internal seeing that he/she was in a long time when he/she was in the teaching with the victim.

The frightened had been used to bring money out from the injured party.

The defendant sent the remaining 490 copies to the victim, from February 16, 2018 to 20:24 of the same day, his/her dwelling in Yangcheon-gu Seoul Metropolitan Government D Building, E, and the victim.

10시까지 안 들어오면 어찌하는지 봐 한번. 너 동영상에 얼굴도 나왔던데 결혼도 못한 게 얼굴 팔려서 몸까지 팔려 가려고 ㅋㅋ 너 뒷까지 동영상 다 있어 ㅋㅋㅋ” 라는 내용의 문자 메시지를 전송한 것을 비롯하여 그 때부터 2018. 2. 23. 01:25 경까지 별지 범죄 일람표 기재와 같이 5회에 걸쳐 피해자에게 돈을 보내지 않으면 피해자와의 성관계를 촬영한 동영상을 유포하거나 피해자의 집과 회사에 찾아가 행패를 부릴 것처럼 겁을 주어 피해 자로부터 금전을 교부 받으려고 하였으나 피해자가 이에 응하지 아니하여 미수에 그쳤다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the F dialogue-related Acts and subordinate statutes;

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

1. The circumstances favorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The Defendant has no particular criminal history other than the one-time fine for fraud.

The crime of this case was committed in a disadvantageous manner by the U.S., the defendant, who is the father, became aware of it through the app.