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집행유예
(영문) 울산지방법원 2013.4.5.선고 2013고단381 판결

가.폭력행위등처벌에관한법률위반(공동공갈)·나.공갈미수·다.개인정보보호법위반·라.주거침입

Cases

1. Violation of the Punishment of Violences, etc. Act (joint rapion)

(b) Attempted crimes;

C. Violation of the Personal Information Protection Act

(d) Intrusion upon residence;

Defendant

1. (a). (c) A

2. (a) b. B

Prosecutor

Kim Yong-U.S. (Lawsuits) and Permitted (Trial)

Defense Counsel

Attorney Jeon Jae-won (National Ship for Defendant B)

Imposition of Judgment

April 5, 2013

Text

Defendant A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, with respect to Defendant A, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive. The probation of Defendant A and community service for 120 hours shall be ordered.

Reasons

Criminal History Office

1. The Defendants’ co-principal

On January 1, 2013, the Defendants conspired to receive additional money and valuables by threatening the victim even though they were investigated into the her husband, who was requested by the victim C, and received all the compensation.

On January 7, 2013: at around 00, the Defendants sent a cell phone to the victim alternately using a cell phone and do not leave to pay KRW 10 million to the victim by no later than 2:00,000 per day. We report money to the people who do work, and if you do not pay money, we do not leave to find any school of the children. The husband is bound by the husband. Considering that the husband's arrival would be bound, and because there was no original contract, the Defendants expressed that the cost of KRW 13,00,000,000, including KRW 3,000,000,000,000 is paid by no later than 2:0 p.m. per day.

The Defendants threatened the victim by the aforementioned method, and transferred the victim’s 13 million won to the deposit account in Defendant B’s name on the 8th day of the same month from the victim frighted to frighten.

2. The sole criminal conduct of Defendant A;

(a) No person who manages or has processed personal information shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority;

On December 2, 2012, the Defendant, upon receiving a request from Habman C to inform him of the F’s address, which was in a bad relationship with D, the husband of his female, and upon receiving a request from Habman, she had been working as an insurance solicitor and processed customer information by accessing G and other insurance companies’ computer systems, with a view to having the said C known of the F’s address, etc.

On December 24, 2012, the Defendant had access to G’s computer system from the H office (ju) where the Defendant was working in Yancheon-si, printed out the said F’s automobile insurance subscription form, and sent it to the said C via I by facsimile.

Accordingly, the defendant disclosed personal information that he became aware of in the course of his duties.

B. On January 22, 2013: around 00, the Defendant: (a) called the victim JsJ that became aware of in the course of investigating the fluence of the above D’s fluence by a mobile phone near the station; and (b) called the Defendant’s fluence of the D’s fluence in the back of the station; and (c) fluence of the Defendant’s fluence with the wind, but fluence with the wind? The Defendant talked about the husband’s fluence.

On the 5th day of the same month, the Defendant continued to transmit the text message to the victim with a cell phone at a place where it is impossible to know the location at around 24: “I send the text message with a thickness of the DC and the French relationship.”

The Defendant attempted to take money and valuables from the victim by threatening the victim in the above manner, but did not reach the intent of the victim with the wind that the victim does not respond to.

C. On January 2013, in the course of conducting a back investigation with a police officer D, the Defendant: (a) threatened the victim K with having become aware that he/she had a person with a son’s disability with L/U.S.; and (b) attempted to attract money and valuables from the victim by deceiving the victim.

On January 15, 2013: at around 00, the Defendant, at the entrance of M apartment located in the north-gu, Ulsan Metropolitan City, the Defendant: (a) knew of the fact that us is conducting a back investigation due to the problem of D. D. D.; (b) K Do n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n at the latest?

At around 17:12, the Defendant continuously sent a text message to the victim on a cell phone at a place where the location cannot be known. The Defendant sent a text message with the content of memory to the victim before his house.

The Defendant attempted to take money and valuables from the victim by threatening the victim in the above manner, but did not reach the intent of the victim with the wind that the victim does not respond to.

3. Defendant B’s sole criminal conduct

On January 15, 2013: P apartment house located in Ulsan Metropolitan City, Ulsan Metropolitan City *** before that elevator, Q, the injured party C's children around that elevator, threatened the above Q,*** such Q, * the opening of the door door door door door, and self-infenced with the above Q.

The Defendant written the victim's appearance in the victim's house, and "I would like to do so if I do not go together. I would like to do so. I would like to talk about this part. I would like to talk about 10 million won in the victim's house.

The Defendant attempted to take money and valuables from the victim by threatening the victim in the above manner, but did not reach the intent of the victim with the wind that the victim does not respond to.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to C, Q, K, and J;

1. Statement of seizure of each police;

1. A copy of an application for personal automobile insurance;

Application of Statutes

1. Article applicable to criminal facts;

Defendant 1: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) (a) of the Criminal Act, Articles 352 and 350(1) (a) of the Criminal Act, Article 71 Subparag. 5 and Article 59 Subparag. 2 (personal information leakage) of the Personal Information Protection Act, Defendant 2: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Articles 350(1) (a) and 352, and 350(1) (a) (a) of the Criminal Act, Articles 319(1) (a) and (b) of the same Act

1. Selection of punishment;

Defendants: Imprisonment Decision

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Suspension of execution;

Defendant 1: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendant 1: Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 of the Act on Probation, Etc. (A prosecutor seeks confiscation of seized telescopes and electricals. However, the above seized articles are used in the process of obtaining information about D before committing a crime, and it is difficult to recognize that they are offered for attack, etc. as a crime of this case. Thus, such confiscation shall not be sentenced).

Defendant 1: Defendant 1 stated that the Defendants received KRW 10,00,000 from the victim C at the time of commencement of both punishment and the publication of materials, and that the contents of the statement are different from the victim’s statement, and that the Defendants’ joint criminal conduct part of the Defendants’ joint criminal conduct is likely to be due to the fact that the Defendants took wrong mind of the agreed amount with the victim. Furthermore, the part of the crime and the Defendant’s sole criminal conduct are limited to either telephone, text message, or adult male on the road, and the victim J and K did not comply with intimidation, and thus, they did not take any action such as additional intimidation. Considering these circumstances, once the victims of the crime and the victim of the crime have reached an agreement with the victim of the crime, the sentence against the Defendant is not to be imposed on the victim based on the criminal fact.

Defendant 2: In relation to the Defendants’ joint criminal conduct, there are circumstances to consider as above, Defendant B’s sole criminal conduct appears to have been agreed with the victim, and the above Defendant’s injury.

In addition to a fine, there is no specific criminal power. However, the part of the defendant B's single criminal act committed by the above defendant in the absence of any reason to demand the victim to pay 10 million won in addition to the fine. The defendant's single criminal act was done by drinking frighter to the young children of the victim and intrusion into his residence. Since the defendant was arrested at the scene of the crime, it was excessive to attempted crime, and even if the defendant was not arrested, it cannot be said that he had committed the crime without additional intimidation. Considering these circumstances, even if the above defendant had favorable conditions as seen above, it is reasonable to sentence the above defendant to the punishment.

Judges

Judges Lee Dong-sung

Site of separate sheet

U.S. P. P. M. L.C.

Probation and matters to be observed by persons subject to community service order

Dried 2013 Highest 381

Paccin A

10 days after a judgment on the condition of probation or community service order imposed on the defendant becomes final and conclusive;

Defendant shall report to the probation office, and the Defendant shall be subject to the direction of the probation officer, and the following:

He/she shall endeavor to observe the rules of conduct and to become a sound social person on his/her own. The following shall apply:

In the event of the violation of any of the items, the suspension of execution may be revoked.

General Matters to be Observed

1. They shall reside in a residential area and have an occupation;

2. They shall throw away bad habits leading to crimes and shall be prior to such crimes and shall be likely to commit such crimes;

It shall not be congested or sounding with children.

3. To comply with the direction, supervision and visit of probation officers.

4. In cases of receiving the order of community service, the order shall be faithfully implemented;

5. Reporting to a probation officer in advance when moving his/her residence or traveling at home or abroad for not less than one month.

(2).

Special Obligations

1. He/she shall not have access to any place that is able to create an opportunity or impulse to repeat a crime;

2. They shall not fall into any act of gambling;

3. He shall not excessive drinking of alcoholic beverages; and

4. Narcotics, psychotropic drugs, marijuana, and other substances which are likely to cause abuse or harmful effects;

not to be used.

Gamp shots