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(영문) 창원지방법원 2017.03.14 2017고단289
공갈미수
Text

A defendant shall be punished by imprisonment for one year.

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

At around 17:30 on January 11, 2017, the Defendant first became aware of the victim C (n, 24 years of age) and 'E located in Changwon-si Member D' in the vicinity of the Changwon-si Member D, and came to have sexual intercourse in F 'Gcom' located in the new wall time in the day following the day.

After that, the Defendant received approximately three days of contact with the victim, and listened to the speech that the victim will not contact with the victim, and used the fact that he had a sexual relationship to raise money from the victim.

이에 피고인은 2017. 1. 15. 21:15 경 피해자에게 “ 니 동영상 어떻하지”, “ 인터넷에서 봐라 ㅎㅎㅎ”, “ 내일 300 들고 와” 라는 문자 메시지를 보낸 것을 비롯하여 그 무렵부터 같은 달 25. 12:50 경까지 피해자에게 ‘300 만원을 주지 않으면 성관계 동영상과 피해자의 아들 사진을 인터넷에 유포할 것이다, 교도소에 수감 중인 피해자의 남편에게 찾아가 성관계 사실을 폭로하겠다’ 는 취지로 전화하거나 문자 메시지를 보내

The term "accomage" was fluent.

Accordingly, the Defendant received money from the victim as above, but the victim did not respond to it and did not report it to an investigation agency and did not commit an attempted crime.

Summary of Evidence

A criminal investigation report (the details of additional damage status and attachment of voice recording files) on the defendant's legal statement C by the prosecution and police statement statement protocol by the defendant, and the application of the law of investigation report(the seizure of suspect cell phones and confirmation of additional damage status).

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 352 and 350 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment);

2. Article 62 (1) of the Criminal Act on the stay of execution (i.e., the number of times and the agreed points, etc.);

3. Protective observation and community service order under Article 62-2 of the Criminal Act;

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