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(영문) 대전지방법원 2015.10.30 2015고단3182
공갈
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2014, the Defendant requested KRW 15 million in return for not talking with the victim B, who was a public official of the above Gun office, known to the Defendant when he performed public service at the Kusan-Gun Office in 1999, and did not talk about “I will talk about the improper relationship to the head of Kusan-Gun.”

The Defendant sent a text message to several times, such as “If disclosed, it would be the low-level divorce, we would not have to do so with reference, if you would see that it would be the end upon contact, and if the victim would not respond to the request of the Defendant, I would like to give disadvantages to the victim’s work or domestic life.” On July 4, 2014, the Defendant got transferred KRW 15 million from the Defendant’s agricultural bank account (Account Number C) to the Defendant’s agricultural bank account (Account Number): from around that time to March 9, 2015, and received KRW 124,1200,000 in total, as shown in the attached Table of Crimes, from around 200 to March 9, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

2. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is that it is true that there is little room for punishment for severe punishment in light of the following: (a) types 2 (at least 30 million won, at least 10 million won, and less than KRW 100 million) mitigation area (4-1 year and 12 months); (b) mitigation area (special mitigation); (c) the amount of punishment not imposed (decision of sentence); and (d) repeated crimes have been committed.

However, there is a fact that the defendant recognized all mistakes and reflected, the victim has suffered mental suffering from the defendant in the past, and the victim is punished for the defendant.

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