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(영문) 창원지방법원 밀양지원 2017.11.23 2017고단414

공갈미수등

Text

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

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

Reasons

Punishment of the crime

1. On July 16, 2017, the Defendant sent a text message stating that the Defendant would not receive his own phone, on the ground that the victim E (n, 50 years of age) who was in a relationship with the Defendant was no longer in a relationship with the Defendant, and that he would not receive his own phone, at the victim’s cell phone, “A person who is still in a fluencing match and bruced with a flucing match” as the victim’s cell phone.

In addition, from around that time to around March 31 of the same month, the Defendant and the victim threatened the husband of the victimized person with the internal relationship, and threatened the victimized person's family members with the same method over 22 times, such as the written list of crimes, from around that time to around the same month.

2. On July 17, 2017, the Defendant: (a) stated that the Defendant would send this recording file to her husband and his/her father without giving money to the Defendant, at around 09:00, around F apartment commercial G convenience stores in F apartment buildings located in around 09:0, 2017; (b) provided that the Defendant “I will send the recording file to her husband and his/her father without giving money to her husband.”

At around 12:07 on the same day, the Defendant continuously sent the victim a text message stating “at the maximum amount of meal and living money,” and then, around 13:38 on the same day, the Defendant want to keep the text message of “I wish to see who will be able to see each other’s mind.”

In doing so, the victim had frightened the above recording file to the victim's family members. However, the victim refused to pay the said file due to the lack of circumstances for the victim to pay the money.

Thus, although the defendant attempted to receive property by threatening the victim, he did not bring about the intention and did not commit the attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (No. 3, 4, 5, 11, 14, 15)

1. Article 283 of the Criminal Act concerning the crime

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