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(영문) 수원지방법원 안양지원 2015.07.23 2015고정429
공갈미수
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around November 2012, the Defendant: (a) had been working at his/her own private teaching institute, with his/her intention to collect money from the victim using the fact that the victim C had her her son’s her son her son her son her son her son her her son her son her son her son her son her son, and (b) filed a complaint with the police as to the above facts with the victim using the cellular phone on December 31, 2014; (c) tried to send text messages to the Defendant’s account to transfer KRW 5 million to the Defendant’s her son’s her son’

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. The defendant and his defense counsel, who taken the letters sent by the suspect, sent a text message as described in the judgment of the victim. However, this is merely a legitimate act committed by the defendant with the authority to agree on indecent act case delegated by the victim's parents. However, the materials submitted by the defendant alone are insufficient to deem that the defendant was entrusted with such authority. Even if the defendant was entrusted with such authority, intimidation as the means of the crime of extortion is a threat of harm likely to restrict the freedom of decision-making or interfere with the freedom of decision-making. The realization of the harm and injury so notified does not necessarily require that it is illegal, and even if the notice is used as a means of realizing the right, if it causes the other party to drink by means of threat, and the method of exercising the right exceeds the permissible level and scope under the social norms, the act of threat is established. Accordingly, according to the evidence above, the defendant's act of exercising the right is not subject to criminal punishment for the victim.

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