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(영문) 서울서부지방법원 2017.11.09 2017고단2650
공갈등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 23, 2017, the Defendant, while being in custody of the victim’s b body pictures and self-defrayed videos from the victim D (the age of 19) that was known in the mobile app “C” around July 23, 2017, was receiving the victim’s b body pictures and self-definite images from E, was in mind of having the victim crypted with the said pictures and videos.

On July 31, 2017, around 03:35, the Defendant: (a) at the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu’s Yongsan-gu’s Yongsan-gu’s Yongsan-gu’s Seoul, the Victim’s “Is to delete 200,000 won or more so far as the Defendant has invested in the subject”; and (b) “Is or photographs, and images,”

“The transmission of the E message “ was frightened.”

As above, the Defendant was delivered KRW 200,000 to the national bank account (G) in the name of the Defendant, from the victim’s attacking the victim and frighting to drink.

2. Around August 1, 2017, at the Defendant’s residence located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, the Defendant sent to the victim the victim the E message, “I have yet to delete video images,” “I have now been required to do so,” “I have already borrowed or set up money,” “I have already lent KRW 200,000,000,000,000,000.”

The Defendant, as above, attempted to receive money from the victim who frightened the victim, and to receive money from the victim who was frighten, but the victim was forced to report to the police.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on financial transaction statements and conversations between text messages;

1. Relevant legal provisions of the Criminal Act, Article 350(1) of the Criminal Act (a) of the choice of criminal punishment (a point of conflict), Articles 352 and 350(1) (a) (a point of attempted conflict) of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The basic area (6 months to one year) (special mitigation (special mitigation) / The number of crimes is the law.

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