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(영문) 창원지방법원 밀양지원 2017.11.02 2016고단620
공갈등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, at around November 27, 2015, sent money to the Defendant’s residence located in Gyeongnam-gun, and instead, sent money to the Victim C by calling a phone at the victim’s residence, the Defendant, who was frighted to send to the husband of the victimized party a sexually related video recorded at the time of a resistant relationship with the victim, and a photo, etc. sealed with the sexually related body body, taken by the victim at the time of a resistant relationship with the victim.

As above, Defendant was deposited KRW 500,000, around November 27, 2015, around 2015, around 1, 2000; KRW 1,000,000 around January 27, 2016; KRW 250,000 around February 21, 2016; and KRW 240,000 around March 21, 2016, respectively.

As a result, the Defendant got a total of KRW 1,990,000,000, every four times.

2. On April 27, 2016, the Defendant: (a) sent Kakao Stockholm letters to the Defendant, “The Defendant, who attempted to go to the Defendant, was 50,000 won per 10,000 won per 50,000 won per 20,000 won and 100 won per 20,000 won per 30,000,000

As the victim refused to request money, the victim sent Kakao Stockholm letters to the victim again, 'the 2nd end in the future' and 'the transmission of pictures and videos'.

The victim was crypted by the victim.

The Defendant got 500,000 won from a person who was frighten of the victim and attempted to receive 500,000 won from the person who was frighten of the victim. However, the Defendant did not deposit money to the victim and did not commit an attempted crime.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police with regard to C;

1. Application of the details of transactions in the account of the victim and the statutes governing Kakao Stockholm photographs;

1. Relevant legal provisions of the Criminal Act concerning criminal facts, Article 350(1) of the Criminal Act concerning the choice of punishment (conscion, inclusive) and Articles 352 and 350(1) of the Criminal Act (conscion to commit attempted crimes) and the choice of imprisonment, respectively;

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

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

1. Scope of punishment recommended according to the sentencing criteria;

(a) the scope of the recommended sentence;

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