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(영문) 대구지방법원 안동지원 2018.07.24 2017고단718
공갈미수
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 1. 2. 경부터 같은 달 8. 경까지 카카오 톡 메신 져 어 플 리 케이 션을 이용하여 피해자 B( 여, 23세) 의 휴대 전화기로 “ 니 � 문에 핸드폰 박살 났고, 폰 바꾼지 얼마 안됐는데 내 명의가 아니고 누나 명의 다”, “ 니는 말해도 말 끼 못 알아 듣자 너 지금 이렇게 이야기한 것만 예전 꺼랑 합치면 4번 넘게 경고한 것 같은데”, “ 진짜 갠 히 니 네 집까지 찾아가거나 일하는데 찾아가거나 문제삼으면 안 되, 핸드폰 그 걸로 서로 피보면 안지”, “ 니 소문 난 거 궁금하다고

was known that he had been aware of it; however, he did not know it;

Linaly, Linaly Linaly, Linaly, Linaly, Linaly, Linaly, Linaly, Linaly, Linaly, Lacker, Lacks, and Lina, Lina, Linaly, Lacka, Lina, Lacka, Lina, Lina, Lina.

“Delivery of messages, such as “”

Although 9.10,00 won was withdrawn under the pretext of the telephone price for carrying with the victimized person by intimidation, the victim did not pay the above amount after consultation with the police officer so that the victim failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Statement made by the police in relation to B, C, and B;

1. Application of Acts and subordinate statutes on transaction details, Kakao Stockholm dialogue content, text messages, and bank account details in the victim’s name;

1. Relevant Articles 352 and 350 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation has been that the defendant withdraws from the money under the name of the cell phone price for the victim who lacks intellectual ability, and the nature of the crime is not that of the victim.

However, it was not prosecuted for the facts of suspicion of "compact between persons with disabilities, such as deceptive schemes," which were the subject of the initial investigation, and the circumstances leading to the Defendant's attempted crime of this case and the amount of money withdrawn from the charges, and the past as to the Defendant.

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