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(영문) 창원지방법원 2017.11.07 2017고단3003
공갈미수
Text

A defendant shall be punished by imprisonment for four 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

The defendant, as a member of the company working in Changwon LG2 factory, becomes aware of the victim D who was working in the same company on February 2016 and was aware of the same year.

6. From February 2 to June 2, 2017, the vehicle that had been dissatisfied with this notice from the injured party on or around June 2, 2017, sent multiple messages of Kakao Kakao Stockholm, stating that “I have committed suicide to the time of sound,” to the Defendant at the 2 plant of Changwon-gu, Changwon, Changwon-si, Changwon-si, Seoul Special Metropolitan City, 12:38 on June 8, 2017.

6. By up to 17:50 on May 15, 198, sent a message to the family members of his or her family to inform the victim of any restriction on education with his or her body and to spread his or her body photograph, if the victim demands money as specified in the list of crimes committed in the annexed sheet;

In other words, the victim was threatened.

Although the Defendant attempted to attack the victim and deliver KRW 3,130,000 to the victim of drinking, the Defendant did not commit an attempted crime with the victim’s report.

Summary of Evidence

Application of photographic Acts and subordinate statutes by cutting down text messages, e-mail, Kakao Kakao Stockholm on the Defendant’s legal statement D

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 352 and 350 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment);

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. The reason for sentencing of Article 62-2 of the Criminal Act on the observation and observation of protection is very bad in that the person demanding money by threatening the victim to spread his/her photo.

However, the victim does not want the punishment of the defendant, and the defendant does not have the history of the criminal punishment except for the traffic crime once a fine is imposed in 2004, and the defendant imposes the prohibition of access to the victim as special matters to be observed for protection and observation, and delays the execution of imprisonment.

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