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(영문) 서울서부지방법원 2013.08.13 2012고단2394
공갈등
Text

Of the facts charged in the instant case, the charge of intimidation among the facts charged in the instant case is dismissed.

Reasons

Not guilty portion (a point of factory conflict)

1. The Defendant, who was related to the facts charged, demanded the Victim C (the 25-year-old and female) to return the gift to money in return clothes, etc., but the Defendant committed the following crimes with the view to enabling the victim to store the victim’s balm photographs, etc. taken when the victim had been dead and dead, in his cellular phone.

On July 7, 2012, the Defendant called the victim C’s cell phone phone and frighted to the victim “to capture videos and photographs showing sexual intercourse with the victim to the Internet and work place without giving the victim’s money.”

The Defendant received a total of KRW 1.4 million from the Defendant’s daily bank account on the same day from the Defendant, 1.1 million won in the same account on August 1, 2012, and 4 million in the same account on the 31st day of the same month, respectively, and 1.9 million in the same amount.

2. The facts charged in this part of the judgment should be the premise that the Defendant would threaten the victim by receiving money from the victim.

However, according to the victim's testimony, until the victim returns the above money to the defendant, the defendant did not threaten the victim to spread the video image, and it is insufficient to recognize that the police statement of the victim was returned money through intimidation.

Therefore, since the facts charged in this case cannot be deemed to have been proven to the extent that there is no reasonable doubt, the defendant shall be acquitted pursuant to the latter part of Article 325 of the Criminal Procedure Act.

Public prosecution dismissal part (a threat)

1. On September 4, 2012, the Defendant, using his/her mobile phone at an insular place around 16:03, provided that, as if he/she spreads the video images, etc. with which sexual intercourses with the victim were taken, he/she would have to display and delete it.

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