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(영문) 창원지방법원진주지원 2020.11.25 2020고단1320

공갈

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 2018, the Defendant knew that her husband and the victim B (the husband, the 31-year old age) had sexual intercourse with her husband, and had the victim take advantage of the fact that she had been known to the surrounding people, such as her male-gu or her parents, to receive money from the victim.

On December 13, 2018, the Defendant stated the above facts to the victim at his own residence of Jinju-si C apartment D around 15:33 on December 13, 2018, the Defendant stated that “I would talk about the male-gu and the parent without notifying the father-gu and the parent of this day, what you would be able to be able to pay, and what you would talk to the male-gu and the parent without compensating for the money.”

As the Defendant confirmed that the Defendant did not have money, the Defendant received a total of KRW 61,240,485,000 from that time, from November 6, 2019, the Defendant received a total of KRW 51,000,000,000,000 from that time, from the time to November 6, 2019.

In this respect, the victim was provided property through the attack of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to the details of a note, loan data, each detailed statement of deposit transactions, each party's financial transaction, each statement of transaction, each statement of transaction, each statement of transaction, each statement of use, overall investigation into records of use, service contract, service contract guide, statement of financial transaction, deposits, and withdrawals

1. The relevant Article of the Criminal Act and Article 350(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor;

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

1. Scope of recommendations according to the sentencing criteria: Basic area (the person who is not subject to punishment and commits repeated crimes for a considerable period of time) of not less than 30 million won shall be punished by imprisonment for not less than 10 months through not less than 2 years;

2. Along with a long-term period of determination of sentence, a considerable amount of money was received from the victim.

However, the victim is not subject to punishment by mutual consent with the victim.

There shall be no criminal penalty.