The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. On November 24, 2012, the Defendant had sexual intercourse with the victim F (55 years old) who first met or became aware of in his/her age club at the “EMoel” located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

On December 27, 2012, the Defendant sent a text message to the victim via a telephone on December 16:15, 2012, stating, “The Defendant is receiving sexual assault from the party and detained him at the hospital,” and sent the text message to the victim’s cell phone at around 16:34 of the same day, “Korea Bank GH” to the victim’s cell phone at around 13:05 on December 28, 2012, and sent it to the victim’s cell phone at around 16:34, the Defendant agreed to the effect that “I will go to the Sungdong Police Station.” On the same day, the Sungdong Police Station in Seongdong-gu Seoul, Seoul, and the Defendant received the said text message to the effect that “I will have to go to the Sungdong Police Station,” and that “I will not agree to file a complaint with the Defendant,” and that “I will not have to go to the victim’s cell phone at around 9 million won.”

As a result, the defendant tried to receive property by threatening the victim, but the victim did not deliver money to the defendant and did not commit an attempted crime.

2. Determination

A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the defendant is suspected of guilty, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2006Do735, Apr. 27, 2006). Also, intimidation as a means of the crime of intimidation is sufficient to prevent a person from restricting the decision-making, freedom of decision-making, or interfering with the execution and freedom of decision-making.