(영문) 울산지방법원 2015.10.21 2014고단810

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(영문) 울산지방법원 2015.10.21 2014고단810

공갈

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

During the process of bringing about internal relations with B, the Defendant heard the horses from B and thought that B intends to hedge with himself in order to meet with the victim C (50 years of age). By threatening the victim to disclose the fact that he was a resistant relationship with B, the Defendant was willing to collect money from the victim by threatening B to disclose the fact that he was a resistant relationship with B.

Around November 30, 2013, the Defendant called the victim at Ulsan-gu, Ulsan-gu, and called "B shall have the victim comply with B so far so far, and shall be subject to 100 million won." Around December 4, 2013, the Defendant called the victim again and called "I would amb off if I would be aware of KRW 100 million." Dr. C, the relationship with B with the company, would be large and goes bankrupt. The Defendant saw the death of the company from the house to the company. B, the Defendant called "I will be divorced and pushed down. I will ambling."

The Defendant was transferred KRW 10 million to the Agricultural Cooperative Account in the name of Da, the land owner, on December 20, 2013, to the victim, who was frighted and frighted and frighted.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 350 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of selective sentence of imprisonment [the range of recommending sentence] the reason for sentencing of selective sentence of punishment [the person subject to special mitigation] [1 to 8 months] the mitigated area of punishment [the person subject to special mitigation] [the decision of sentence] [the person subject to special mitigation] while staying in a foreign country due to the business name during the trial, and the warrant of detention was issued due to the non-execution of the sentence, and the person present in the trial after having reached an agreement with the victim, and the person was unable to execute the sentence, and the person was present at the trial and the person has been returned at the trial at all, and the damage has not been paid up until now been paid. Nevertheless, the court prepared a receipt with the content that the victim has paid damage to the victim and submitted it to the court,

참조조문

-형법 제350조 제1항

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