(영문) 광주지방법원 순천지원 2021.02.25 2020고단1468

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(영문) 광주지방법원 순천지원 2021.02.25 2020고단1468

공갈미수

Text

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

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

Reasons

Punishment of the crime

The Defendant is a physician who is living together with the victim B ( South Korea, 39 years of age). The Defendant, around 16:03 on December 16, 2019, would know about the victim’s “the images emitted from the victim’s female and her mother’s atmosphere to his family and the people.”

“To the effect that it is “,” the message sent several times to demand 5 million won, putting the message hot, and demanding five million won.

The Defendant, as seen above, received money from the victim who frightened the victim and received money from the victim, but the victim did not refuse to do so and did not commit an attempted crime.

Summary of Evidence

1. A legal statement made by a witness B to the effect that the defendant sent a text message to the victim at this Court;

1. Statement made by the police against B;

1. An investigation report (Attachment of details of text messages on a victim's cell phone);

1. The defendant asserts that a criminal investigation report (Attachment of a video CD submitted by the victim), the attached CD [the defendant] does not threaten the victim to pay money due to a large amount of damage inflicted by living together with the victim.

Intimidation as a means of the crime of extortion refers to the threat of harm and injury likely to be frighten enough to restrict the freedom of decision-making or interfere with the freedom of decision-making.

The Defendant’s act of sending a text message to the effect that, if the victim did not pay KRW 5 million to the victim, the victim’s female-friendly her husband and the victim’s wife would know the above fact, taking a photograph of the scene where the victim living together before and after the victim had been living together, it constitutes intimidation, which is a means of crime of intimidation.

Therefore, the facts charged in the instant case can be found guilty.

Application of Statutes

1. Article 352 of the Criminal Act applicable to the crime, Articles 352 and 350 (1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

참조조문

유사 판례

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-서울남부지방법원 2021.04.29 2020노1183

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