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(영문) 광주지방법원 2018.05.30 2018고정232
공갈미수등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a commercial tenant of a building owned by the victim C (ma 65 years old) and has a sexual relationship four times from April 2017 to June 201.

1. On July 2017, the Defendant: (a) sought a victim’s office located in Naman-si D on July 1, 2017, and requested a victim’s house to live in the State; and (b) did not receive such request, the Defendant would know the victim’s family members of the sexual relationship with the victim.

In other words, even though the victim was frighten, it was attempted because the victim did not have a house.

Accordingly, the defendant attempted to acquire property benefits from another person by threatening to do so.

2. On August 8, 2017, the Defendant: (a) carried the victim’s office located in the A.M.D in the A.M.; (b) arbitrarily filled the key repair hole to change the entrance door locked; and (c) entered the said office without permission.

Accordingly, the defendant damaged the market locked of others and intruded on the victim's structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (Supplement of Complaints) made by the police against C;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

1. Relevant Article 352 of the Criminal Act, Articles 350(1) (the attempted crime), Article 319(1) (the point of intrusion on a structure) of the Criminal Act, Article 366 of the Criminal Act, the choice of fines for the crime;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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