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(영문) 대전지방법원천안지원 2020.10.30 2020고단1216
공갈미수등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

A. Therefore, if the pertinent act is objectively sufficient to capture a person, the other party did not actually cause fear.

Even if it is an attempted crime of conflict, it is an attempted crime of conflict.

There is a statement that the Compilation representative G, H, and the Jeju Criminal Code [Attachment 6] (No. 5], the Korean Judicial Administration Association, 2017, and 145 [Attachment B] did not feel fears by the Defendant’s act.

However, the defendant stated that he would file a complaint against B as the crime of rape, which can be seen as a threat of harm and injury sufficient to cause fear in an objective view.

Therefore, in light of the above legal principles, the defendant's act constitutes an attempted crime of robbery.

Therefore, we cannot accept this part of the defendant's assertion.

Reasons for sentencing

1. The scope of the recommended sentence according to the sentencing guidelines (the determination of a type) [the scope of the recommendation [the first type] and the general accusation [the scope of the recommendation field and recommendation], the basic area of the recommendation field, the imprisonment with labor for a period from six months to two years], and the sentencing guidelines are not set for the crime of attempted attempts to commit a crime of false accusation, thereby referring only to the lowest limit of the recommendation type for a crime of false accusation.

2. It is necessary to strictly punish a person who has no choice but to interfere with the State’s right to receive a sentence and the appropriate exercise of jurisdiction, as well as cause considerable pain and danger to the person who has not been tried.

In the case of this case, since the statutory penalty for the crime without accusation is very high, it can be said that the risk of the defendant's act was very serious.

In the past, the Defendant filed a complaint against another person as a crime of indecent act by compulsion, and there is a strong doubt that the relevant suspect was subject to a disposition of lack of evidence, and that the instant case also committed a planned act.

Even after the end, the defendant denies and does not reflect the crime, and does not seem to have made efforts to agree with the victim of the crime of attempted crime (the victim of the crime of attempted crime).

However, the defendant is punished by a fine not exceeding one time due to larceny.

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