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(영문) 대구지방법원 2020.06.11 2019고단6511
공갈
Text

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

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

Reasons

Punishment of the crime

On March 2, 2019, the Defendant came to know of the fact that his spouse D had sexual intercourse with the victim C, who is his commercial company, and used it to raise money from the victim.

On March 4, 2019, at around 19:00, the Defendant told the victim C to the effect that “F” restaurant located in Sinsan-si, and “H” restaurant located in Sinsan-si, around 19:00 on March 9, 2019, the Defendant saw the victim C to know the fact of sexual intercourse with D,” and around March 23:34, 2019, the Defendant saw the victim B, the spouse of the victim, by telephone, at the main point of Sinsan-si I and the second floor “J”, around 23:34, 2019. The Defendant saw the victim B, the victim’s spouse, “I know the fact of sexual intercourse with C,” and the husband, at work.

On March 15, 2019, the Defendant received 30,000,000 won from the K Bank L account in the name of the Defendant at around 14:40 on March 15, 2019, from the victims who attacked the victims and drinked them.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Storage of a recording file, DVD and recording records;

1. Application of Acts and subordinate statutes such as a written agreement or certificate of request for remittance;

1. Relevant Article 350 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 32(1)3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation

1. The gist of the assertion is that the Defendant received money from the victim and D under the pretext of “defensive data” with respect to an infinite relationship with D, but it does not mean that the Defendant did not receive money.

2. Determination

A. Intimidation as a means of attacking the relevant legal doctrine refers to the threat of harm likely to restrict the freedom of decision-making or interfere with the freedom of decision-making. Here, the realization of the harm so notified does not necessarily require that it is unlawful, and even if the threat is used as a means of realizing the right, it shall exercise its right.

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