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(영문) 서울동부지방법원 2012.09.06 2012고단607
공갈미수등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 18, 201, at around 03:30 on October 18, 201, the Defendant attempted to commit attempted crimes by: (a) the Defendant, within the Emast place of business operated by the victim D in the victim D in the third floor of Gangdong-gu Seoul Metropolitan Government, saying, “I shall report this place to the police as a sexual traffic business establishment. If I do not pay the money, I shall report this place to the police.” However, the Defendant did not commit attempted crimes by failing to comply with the agreement of the victim.

2. The Defendant reported 112 false information at the above time and place.

The content was that “D provided cash of KRW 90,00 and provided a single sexual intercourse once.”

However, there was no fact that D had received KRW 90,00 from the Defendant, and there was no fact that D had sexual intercourse with the Defendant on the grounds that D was under the situation of stabilizing due to the symptoms of the escape of a protruding signboard, which was a disease, due to the following day.

Nevertheless, the Defendant reported 112 as above and sentenced D to criminal punishment.

Summary of Evidence

1. Each legal statement of witness D and F;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Entry of the accused in D of the first written protocol concerning the examination of suspect in the prosecution;

1. The prosecutor's statement concerning the F;

1. Protocol concerning the examination of suspect of the police against D;

1. Application of Acts and subordinate statutes to written statements (Evidence No. 11), certificates of release on parole, investigation reports (verification of hospitalization of suspectsD), investigation reports (Submission of suspect D's opinion), investigation reports (Submission of Suspect A's 112 reported data) and investigation reports (Attachment of Data on Declaration No. 112 reported by a Suspect);

1. Article applicable to criminal facts;

(a) An attempted crime: Articles 352 and 350(1) of the Criminal Act;

(b) Point of accusation: Article 156 of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Determination on the Defendant’s assertion under Article 62-2(1) of the Criminal Act regarding probation and community service order

1. The defendant's assertion, the defendant.

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