logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2013.2.1.선고 2012고단2992 판결
공갈,공갈미수·배상명령신청
Cases

2012 Maz. 2992, 3352 (Joint) Maz. Maz. Maz. Maz.

2012 initially 860 Application for a compensation order

Defendant

A person shall be appointed.

Prosecutor

Kim Jong-won, Kim Jong-sung (prosecutions) and Kim Jong-Un (Trial)

Defense Counsel

Attorney Jeon Jae-won (National Assembly Line)

Applicant for Compensation

A person shall be appointed.

Imposition of Judgment

February 1, 2013

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 3.4 million won to the applicant for compensation.

The above order may be provisionally executed.

Reasons

Criminal facts

【Criminal Power】

On July 21, 2006, the Defendant was sentenced to four years of imprisonment for robbery in the Busan District Court, and completed the execution of the sentence on July 20, 201 in the Ansan Prison on July 20, 201. On August 26, 2010, the Suwon District Court sentenced ten months of imprisonment for an injury, etc., and completed the execution of the sentence in the Ansan Prison on May 19, 201. [criminal fact]

1. 2012 Highest 2992

On May 2012, the Defendant became aware of the victim B who had been a guest while working as an employee in the CNE clubs located in Busan Northern-gu, Busan, and became aware of it.

On August 17, 2012: around 45, 2012, the Defendant: “D,” in Yangsan-si, had sexual intercourse with the victim, and used it to raise money from the victim.

The defendant, who recorded another person's voice sending the victim's voice recorded in his mobile phone in the above telecom as if he recorded the victim's external appearance, etc., shortly, "I would see the public official of vagabonds, her husband's identity, her husband's identity, she would be divorced if her husband's identity, she would not live as a public official, she would live as a relative member, she would live in the society, she would have been aware of her husband's identity, and all the contents of the victim's voice and talked so far, and "the defendant demanded the victim to pay money with her fage."

The Defendant, as such, frightened the victim and frightened from the victim, on August 17, 2012.

02:In Busan Metropolitan City, "E shall receive KRW 900,000 from the cash payer in cash, and on the same day, he shall receive KRW 2.5 million from the defendant's Busan Bank account and shall receive KRW 3.4 million in total.

2. 2012 highest352;

The defendant, who was aware of in his age club as an employee, committed a sexual intercourse with the victim F that he had a sexual intercourse with the victim F, and committed an act as if he had known that he had a sexual intercourse to his family, such as her husband, etc., with the victim's family.

A. On August 5, 2012: at around 00, the Defendant “Gmotour” located in Busan (Gmotour), “If the Defendant did not inform the victim of the sexual intercourse with the victim of the material and the material recorded at the time of sexual intercourse, the Defendant threatened the husband and his family members to know about the material and image recorded at the time of sexual intercourse.” The Defendant threatened the victim who was frighted, with the material and image recorded at the time of sexual intercourse.

8. 5. 23: Busan Bank in Busan around 30,000,000 won received 2 million won in cash in front of the branch.

B. On August 6, 2012: (a) around 10:10, the Defendant attempted to threaten the victim from “** on the street before the convenience store,” thereby threateninging the victim to the same effect as paragraph (a) on the street before the convenience store, and attempted to interfere with the remaining KRW 48 million, but upon receiving the victim’s report, the Defendant attempted to arrest him from the unclaimed police officer. A summary of the evidence 1. The Defendant’s each statement at each court room

1. Each police statement concerning B and F;

1. Previouss before ruling: Criminal history records and other inquiry reports and investigation reports (verification of persons, etc. at the end of execution);

Application of Statutes

1. Relevant laws and the choice of punishment for the crime;

Article 350(1) of each Criminal Code (a point of conflict), Articles 352 and 350(1) (a) of the Criminal Code, and each choice of imprisonment.

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Orders for compensation and a sentence of provisional execution;

It is so decided as per Disposition for the reasons of Articles 25(1), 31(1), (2), and (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

Judges

Judges Lee Sung-hoon

arrow