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(영문) 의정부지방법원 2020.05.11 2019고단5804
공갈
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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

피고인은 채팅 어플리케이션을 통해 우연히 알게 된 지적장애 2급인 피해자 B과 대화하면서 자신이 남성임에도 여성인 것처럼 행세하다가 피해자가 피고인에게 “하룻밤 자자, 내 아이를 낳아줘”라고 메시지를 보내자, 이를 트집 잡아 피해자를 성희롱 등으로 신고할 것처럼 위협하여 돈을 받아 내기로 마음먹었다.

Since June 6, 2019, the Defendant from around 10:56.

6. From the 18:15 on June 16, 198, the Defendant continued to hold a crypted D in Daegu Dong-gu, Daegu-gu, to the effect that “the Defendant was able to drink it to the police, and reported to the police by adding up the crime of intimidation to the crime of intimidation,” “the crypested 3 million won,” “the cryp, if you send the hospital expenses,” “the Defendant will go to the police station without sending the hospital expenses.” “A fine shall be investigated and taken over to the prosecution, such as the pson’s parents, and a fine shall be taken up to the prosecution.” From the 10-year-old office’s 10-year life name, it was fry to the effect that “an cryped cryed cryp was created to the Defendant’s account from June 2, 2019 to the Defendant’s bank’s name (hereinafter “EF bank”) and the Defendant’s account from June 30, 197.

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (Attachment to the Kakao Stockholm dialogue);

1. Application of Acts and subordinate statutes on trading lists;

1. Article 350 (1) of the Criminal Act and Article 350 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to ten years;

2. The scope of the recommended sentence according to the sentencing criteria (a decision of type) shall be the public offense.

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