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(영문) 창원지방법원마산지원 2020.08.18 2020고단556
공갈미수
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Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 02:50 on February 27, 2020, the Defendant sent a message to the effect that “I will remove 300,000 won if I wish to remove me from her face value” to “I would like to send me with her face value in the form of her face value,” thereby inducing the victim and “I would like to send her face value in the form of her face value,” and subsequently, I would like to have attempted to send her face value to the victim with “I would like to release her face value,” using the above dial method, “I would like to defry her face value.” The Defendant sent a message to the effect that “I would remove her face value from her face value.” However, the Defendant attempted to withdraw her face value without sending money to the victim.”

Thus, the defendant got back the goods by festing the victim, but the victim failed to comply with it, thereby making the victim failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of B’s petition statute;

1. Relevant Article 352 of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Opinions of prosecutor: One year; and

4. The Defendant, who had induced the victim, secured the 300,000 won of clothes by taking advantage of the images, and subsequently failed to comply with the order by the victim.

In the Jinwon District Court's Jinwon Branch's judgment, which sentenced five years of suspended sentence to three years of imprisonment on April 28, 2016 due to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) in relation to the Punishment, etc. of Sexual Crimes in the Jinwon District Court's Jinwon Branch's Jin

All of the past criminal records and the crime of this case are likely to repeat the crime by committing sex-related crimes.

However, the defendant recognizes and reflects crimes.

The victim shall not respond.

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