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(영문) 대전지방법원 천안지원 2017.01.05 2016고단1994

공갈등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

A. In the event that a person does not leave the workplace, the victim’s attempt was made by intimidation to the effect that he/she would spread the victim’s b body pictures and documents containing his/her sexual life, but did not comply with the victim’s failure to leave the workplace, thereby making the victim commit an act for which he/she is not obligated to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement by each prosecutor with respect to C;

1. Detailed descriptions of each letter;

1. Details of remittances and transactions of deposits and withdrawals;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 350(1) of the Criminal Act in relation to the facts constituting an offense (as a whole, each of them is occupied), Articles 324-5, 324 (as a whole, the attempted crime of coercion) and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Sentencing Criteria for the crime of extortion [Types of Determination] Sentencing 1 (less than 300 million won) [Special Sentencing Person] - Where the method of committing aggravated factors is extremely poor [Determination in the territory of recommendation] / [Scope of recommendation] / [Scope of punishment from October to February 6] applicable: Statutory punishment under Article 350 of the Criminal Act: 1 month to 2: 350 of the Criminal Act: (1) / Where the main reason for suspension of execution is very poor: Where the method of causing adverse crimes is very poor - there is no positive criminal punishment - there is no positive criminal punishment - Where the method of committing aggravated crimes is very poor: A positive sentence [Judgment on the assertion and judgment of the conditions of punishment ].

2. Determination of sentence* The relation between coercion and concurrent crimes for which the sentencing guidelines have not been set, and the above sentencing guidelines are not applied directly.

* Although the matter is very important in light of the criminal law, motive, and content, the victim has made efforts to pay part of the damage, the victim also wishes to cut the relationship with the victim rather than the defendant's severe punishment, the first offender, and the second offender are against the order.