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(영문) 대전지방법원 천안지원 2015.04.28 2014고정514
공갈등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On January 10, 2013, the Defendant, who attempted to commit an act, was aware that the victim C, who was living together, committed an act of softening the service cost while making a crypted construction, etc., and subsequently, was aware that he received an excessive amount of service cost from the (main) construction or (main) military co-ownership giving the subcontract to the victim. However, the Defendant, “If sending the money to the victim, would be punished by reporting this fact to the prosecution, the Ministry of Labor, the Ministry of Labor, and the National Tax Service.” However, the Defendant did not commit an attempted act on the wind that the victim did not drink.

Thus, the defendant attempted to receive property by bruing the victim, but he attempted to do so.

2. No person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. shall distribute any information that leads to fear or apprehensions to other persons repeatedly through any information and communications network.

Nevertheless, at around 07:45 on January 10, 2013, the Defendant sent the voice and text message 17 times in total as indicated in the attached list of crimes until May 21, 2013, to the effect that the Defendant calls the victim’s handphone and calls the victim’s handphone, and read, “It is far away from the string walk walk, the walk walk walk walk,” etc.

By doing so, the Defendant distributed information that arouses fear or apprehensions through information and communication network to reach the other party repeatedly.

Summary of Evidence

1. Part of the witness C’s legal statement;

1. The defendant's partial statement in the second protocol of trial;

1. Application of Acts and subordinate statutes to record recording, text messages;

1. Relevant legal provisions concerning criminal facts, Articles 352 and 350(1) (a) of the Criminal Act that choose the penalty, Articles 74(1)3 and 44-7(1)3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (a point of transmission, such as words, sound, etc.) of the same Act, and the selection of fines, respectively.

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