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(영문) 의정부지방법원 고양지원 2018.06.08 2017고단3902

공갈

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2015, the Defendant, by accessing C’s Kakao Stockholm account installed on computers No. 19 of Seongdong-gu Seoul Metropolitan Government, on June 14, 2015, became aware of the fact that the victim D engaged in sexual traffic with C on the same day, would be aware of the fact that he/she engaged in sexual traffic.

In order to attract money by threatening the victimized person.

From June 16, 2015 to June 2015, the Defendant called “the fact of sexual intercourse with children and juveniles becomes a problem on the ground of informing the police or parents of the fact of sexual intercourse with children and juveniles, and help to find C,” and received KRW 300,000 from the Defendant’s corporate bank account (Account Number E) on June 21, 2015, and received KRW 50,000 in cash on the pretext of agreement that he/she would not take any problem any longer on June 25, 2015, and received KRW 50,000 in cash from the Defendant’s corporate bank account (Account Number: G) on July 23, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. The application of Acts and subordinate statutes by each Internet banking transfer verification and agreement;

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing criteria [Scope of the recommended punishment] General public notice: Reduction area (one month to eight months) (one month) (a person subject to special mitigation) (a person subject to special mitigation) is not subject to punishment;

3. The crime of this case by which the victim was aware of the fact that he had sexual intercourse with a minor, and thereby obtaining money from the injured party is not good in light of the method of the crime.

However, the defendant's mistake is contrary to the defendant's acknowledgement of his mistake, and 1.5 million won in excess of the victim's interest was paid to the victim so that he agreed with the victim.

There is no history of criminal defendant subject to a fine exceeding the fine.

The above circumstances and conditions are as follows.