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(영문) 서울남부지방법원 2016.07.15 2016고단2014

공갈미수등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, who attempted to commit an attack, was notified by the victim C (here, 49 years of age) who had been in an internal relationship from November 2015, around January 2016, and continued to contact the victim with the victim from around that time, and “I will talk about the relationship with the husband of the Party, if I want to do so.”

“A request was made to continue to exist due to the phrase, etc.”

The Defendant, at around 23:00 on March 23, 2016, sexual intercourses with the victim E in Gangseo-gu Seoul Metropolitan Government D, and then requested the victim to return KRW 6,00,000 (6,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,

“The victim was crypted with the purport of “.”

Thus, although the defendant spawned the victim, the victim did not deliver the above 6 million won to the defendant, and the victim did not commit the attempted crime.

2. Intimidation the Defendant, from around 06:30 on May 4, 2016 to around 08:32 on the same day, on the ground that the victim was not present at the victim’s home located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and on the ground that the victim was not present at the victim’s home, she was able to walk on the victim’s phone, and that the victim was not present at the victim’s home.

A. B. Until the end of the day before the end of the day, the victim was threatened with the victim by stating that he was 10 minutes in the future of the end of the day, and that he was her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution and the police with regard to C;

1. Application of Acts and subordinate statutes to recording notes;

1. Relevant legal provisions of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act (the attempted crime), Article 283 (1) of the Criminal Act (the point of intimidation) and the choice of imprisonment for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria shall be;