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(영문) 춘천지방법원 2015.07.02 2015고정128
공갈미수
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

The Defendant came to know through hosting at the Internet hosting site called “A” (24 years of age, leisure) and “C”.

At around 12:30 on August 26, 2014, the Defendant sent the victim’s mobile phone (E) with the fact that he/she had engaged in a similarity act in the telecom under the agreement with the victim who had been talked with the victim at Chuncheon City D himself/herself on his/her home, thereby passing away from the Defendant’s cell phone with the victim’s cell phone “I will hand over the video which was stamped at the time of the act of similarity if he/she does not send KRW 1 million to the video businessman.” However, the Defendant did not comply with the agreement and attempted to do so by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. B Written petition;

1. The police statement concerning B;

1. Application of the statutes on photographic data of suspect and victim conversations;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to the evidence in the sentencing of Article 334(1) of the Criminal Procedure Act prior to the date of sentencing of the provisional payment order, the victim: (a) reported the defendant to put up a sign "F" at the place where the adult site of "F" was set up on August 9, 2014; and (b) entered the Defendant's magnetic xodi (G) confirm the defendant's magnetic xodi, and searched the above xodi and carried it into the cell phone, and made the defendant do so. (b) The defendant and the victim agreed that "I have sexual intercourse with the defendant" while holding a hosting and telephone on August 9, 2014 and agreed that "I want to have sexual intercourse with the victim" on August 16, 2014; (c) the defendant and the victim had refused to do so on the ground that the victim had sexual intercourse with the victim on the 3rd floor in the upper region, but the defendant tried to have sexual intercourse with the victim on the ground that the victim had no sexual intercourse with the victim.

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