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(영문) 대전지방법원 2017.12.12 2017고단3628
공갈미수
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 24, 2017, around 18:00, the Defendant conspiredd with the Victim C (V, 15 years of age) and the Defendant on one occasion in a motor vehicle.

Defendant: (a) around 16:00 on June 26, 2017, the Defendant: (b) had a black stuff image with which the above sexual intercourse was taken by the victim via the Defendant’s mobile phone 102 Dong-dong 1404 and 1404; and (c) a cell phone with a cell phone.

the victim would not sell the above video. The victim would not do so.

The defective victim sent a text message to the effect that 150,000 won or more of money is required and the victim would sell a dynamic image of a glusium, which shows the same attitude in spreading a dynamic image to the victim. However, the victim did not respond to the above 1.50,000 won and did not commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of the content of conversation between the victim and the victim's Facebook;

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. There is a video image of a minor who is the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order in order to have sexual intercourse with the victim in consultation with the victim;

In light of the fact that the defendant has withdrawn money while making a false statement, and that there is no agreement with the victim, etc., the nature of the crime is very poor. However, the defendant is a undergraduate student who has no particular criminal history, the defendant has committed the crime in multiple ways, favorable circumstances, such as the fact that the crime is committed against the attempted crime, the confession and reflect of the crime, and other various sentencing conditions indicated in the records, such as the defendant's age, occupation, family relationship, sex behavior, environment, and circumstances before and after the crime, etc., shall be determined as the sentence as ordered.

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