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(영문) 서울남부지방법원 2017.11.24 2017고정1375
협박
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 27, 2017, the Defendant was sentenced to one year of imprisonment for fraud or intimidation at the Seoul Southern District Court, and the said judgment became final and conclusive on November 17, 2017.

The Defendant, on April 26, 2014, received the introduction of the Victim B (45 years of age, women) on April 26, 2014, and would offer a living cost to the Defendant to pay money to the Defendant.

In other words, 200 million won was 10 million won, but it was not repaid thereafter, which caused conflicts with money.

(1) On April 3, 2014, at around 00:37, the Defendant made a threat to a female’s body, such as “the victim B, living in Daegu-gun Building C, 501 Dong 501, and 501, requesting a female to return the investment money,” on the ground that the Defendant’s phone called to the victim B, who was living in Daegu-gu, 501, and demanded that the female return the investment money.”

(2) On June 15, 2016, the Defendant sent the victim’s cell phone Kaooox to the victim’s cell phone Kaox, “The victim’s body parts and videos are sent to the surrounding people, and the investigator shows that the victim’s former husband and his father, father, or father sent them to his parents, and threatened the female as if they cause any harm.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes by the court and the results of literature search;

1. Relevant Article 283 of the Criminal Act and Article 283 (1) of the Criminal Act and the selection of fines for criminal facts;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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