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(영문) 서울중앙지방법원 2014.08.13 2014노2247

공갈

Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment has become final.

Reasons

1. Summary of grounds for appeal each unreasonable sentencing

2. The Defendant, around 01:00 on February 25, 2014, found the Samsung gallon 3 mobile phones lost by Samsung Gallon, which is the seat of a famous artist, on the front side of the instant charges, around 01:0.

The defendant reported the photographs, letters, etc. stored in the above mobile phone without a locking device, and he became aware of the fact that he was an artist's mobile phone.

The defendant thought that he received honorariums from an artist or his employees in return for not disclosing personal information, such as photographs, etc. contained in the above mobile phone.

At around 22:10 on the same day, the Defendant met the Victim F, who belongs to an artist at a hotel in the first floor and a coffee shop in Gwangjin-gu, Seoul.

The Defendant presented KRW 100 million on the condition that he does not disclose the content known to the Defendant, stating to the effect that “self-defense is in a static and currently in a franchise, the artist knows that he knows and wants to obtain a mobile phone.”

On February 26, 2014, the following day, at around 10:10,00, the Defendant was granted KRW 100 million in cash from “H” located in Gangnam-gu Seoul Metropolitan Government G, under the pretext of agreement.

As a result, the Defendant received property by attacking the victim who frightened the substance stored in the cell phone to open to the public.

3. Ex officio determination

A. In order for the crime of intimidation to reach the flag, the delivery of goods should be made by the person under threat on the ground of such appearance while being frightened by assault or intimidation, and, if the other party did not cause a serious appearance and delivered goods for a separate reason, or generated the first appearance, it is assault or intimidation at the time of the delivery of goods.