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(영문) 대전지방법원 공주지원 2017.02.03 2016고단297
공갈등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, a public prosecution against defamation by publication is instituted.

Reasons

Punishment of the crime

The Defendant, “E” as a reporter of the Internet newspaper called “E,” had expressed a mind to raise money by threatening a construction business operator as if he/she had displayed his/her status.

From the end of February 2016 to the end of March 2016, the Defendant found a new construction site of Ginju City in F during the period from the end of the same year to the victim I (43 tax) who is a director of H (State) who is the above site contractor.

It is known that the steel bars are not used as the design design.

If the content is recorded only, the article shall be written immediately.

In addition, the article of the construction site and the article of the construction site requires 5 million won to threaten the progress of the construction project as if it would hinder the progress of the construction project.

On April 6, 2016, the Defendant, by threatening the victim, received KRW 5 million in cash from the victim, who was frightened by the Defendant, through the J, who was his will.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Statement made to the prosecution by the prosecution against I and J;

1. Each investigation report (the investigation of a victim and a witness, the reporting of the victim related to the time to pay the amount to A, the filing of the details of repair of a suspect-owned director and the date on which the victim intends to pay the amount of one million won);

1. Application of the Acts and subordinate statutes on photograph description;

1. Where Article 350(1) of the Criminal Act applicable to the crime, Article 350(1) of the Criminal Act regarding the selection of punishment, the reason [the scope of recommendation] for sentencing of punishment of imprisonment [the scope of recommendation] is the basic area (6 months to one year), (1) [the person who is subject to special mitigation (special mitigation)], or substantial damage has been restored / In a case where the punishment law is very poor [the decision of sentence] [the defendant] has committed the crime in this case even though he was placed prior to the suspension of execution two times due to the crime, even though he was committed for the crime, and it is inevitable that he has committed the crime in this case, and it is inevitable that he has been sentenced to imprisonment.

(b).

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