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(영문) 대전지방법원 2018.03.23 2017고단4328
공갈미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while entering into an internal relationship with the victim C (the age of 39), was aware of such fact and demanded a divorce, had the wife used it to raise money from the victim.

On April 17, 2017, the Defendant used the mobile phone from the 05:08 Franchiscison to the victim’s mobile phone using the mobile phone from the 05:08 Franchiscison.

In the note, sending text messages or Kakao Stockholm messages at least 61 times from around the above day to May 25, 2017, including sending text messages and Kakao Stockholm messages from around the above day to May 25, 2017.

If the victim does not pay 1,500 to 300 million won as consolation money from the victim, it was fright to know to the husband and his family members of the victim.

As such, the Defendant attempted to have a 1,500-3,000 won from the victim who frightened the victim, but failed to comply with the order, thereby resulting in attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes governing Kakao Stockholm and text messages printed out;

1. Articles 352 and 350 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under the relevant Acts of crime and punishment;

1. The sentence shall be determined as ordered in consideration of the following circumstances on the grounds of sentencing under Article 62(1) (The following favorable circumstances) of the Criminal Act.

The favorable circumstances: The crime was committed and no property damage was caused by the attempted crime; the reason for the crime of this case appears to have been partially responsible for the victim; and the defendant reflects the mistake.

(k) Unfavorable circumstances: The fact that the act has been repeated several times and the nature of the crime is not good, and that the person who has suffered damage has not received the letter.

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