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(영문) 부산지방법원 2019.09.19 2019고단1482
공갈
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 April 24, 2018, at a place where a place is unknown, the Defendant said, by telephone, that “I would talk to the family of the party who was sexually abused from the past correspondence if I would know about KRW 10 million.”

As above, the Defendant: (a) received from the victim frightened and frightened, 5 million won around May 8, 2018; and (b) KRW 5 million around June 4, 2018; and (c) received delivery of KRW 10 million in total from the Defendant’s new bank account in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol of the police statement concerning B;

1. Investigation report (B telephone conversations) and investigation report (related case confirmation);

1. A complaint;

1. Each written statement in B;

1. Application of Acts and subordinate statutes that inquire about details of transactions, such as employment contracts, D Driving Institutes labor rules, receipts, deposit receipts, text messages, copies of a daybook, monetary records, messages, etc.;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., the grounds for the suspended sentence)

1. The sentencing guidelines are not applicable since the defendant is selected to impose a fine for the application of the sentencing guidelines. 2. The defendant's decision of the sentencing guidelines was made by threatening the defendant to assault the defendant by assaulting him, and the defendant did not receive a letter from the victim. However, although the defendant was not judged to have been sexually abused, the defendant's sexual intercourse with the victim, who was the operator of a driving school for the 20th period of sexual assault, led to the crime of this case, resulting in no history of criminal punishment except for the punishment imposed once by a fine, and the defendant's age, character and conduct, etc. are taken into account.

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