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(영문) 서울남부지방법원 2017.07.17 2017고정1070
공갈미수등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, etc. was able to have the victim reach the victim by repeatedly sending letters, messages, etc. that cause fears or apprehensions to the victim, considering that the victim was living together with the victim B (the age of 62) and his/her husband and wife, and that the victim had talked with another male.

On February 17, 2017, at around 21:05, the Defendant used a mobile phone at the Defendant’s residence located in Gangseo-gu Seoul Metropolitan Government C and 603 702 dong 702, and her year in which he/she was unable to take her mother to gue.

On February 14, 2017, from around 20:50 to February 23:19, 2017, sent text messages to the victim more than 12 times in total, as indicated in the list of crimes in attached Form 1, including sending text messages to the victim, i.e., e., “Madra and Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mae

By doing so, the defendant has repeatedly reached the other party the text that arouses fear or apprehension.

2. On February 27, 2017, the Defendant: (a) completed funeral services on the front side of Gangseo-gu Seoul Metropolitan Government D, and then went back, demanded the victim to take care of KRW 10 million for hospital expenses; (b) the victim said that “free of hospital expenses, without paying the hospital expenses, fluences, fluoring down salt fluences”; (c) but the victim did not pay any money to the victim and did so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 74(1)3, Article 44-7(1)3 (a) of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Amended by Act No. 14580, Mar. 14, 2017); Articles 352, and 350(1) (a) of the same Act concerning facts constituting an offense; each of them shall be punished by a fine.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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