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(영문) 서울중앙지방법원 2014.07.23 2014고단3444
공갈미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant provided assistance to a licensed real estate agent office in Gangnam-gu Seoul Metropolitan Government, and during the night, the Defendant is a person who is affiliated with a mutual call vehicle team in Gangnam-gu, Seoul, and is mainly engaged in the so-called so-called “ call vehicle business” for employees and customers of Gangnam Entertainment Business using a food vehicle in the name of a cohabitant.

When the Defendant directed the Defendant’s living environment, the Defendant, using the fact that the Victim E (the 37-year-old) who is an instructor of the famous driving school, was born several times from the drinking house to the telecom, etc., brought the Victim E (the 37-year-old), who was believed to have engaged in sexual purchase at the time, to receive money.

피고인은 2014. 5. 15. 15:32경 불상의 장소에서 피해자에게 대포폰으로 전화를 하여 현금 1억원을 달라고 요구하며 “성매매를 많이 하셨더라고요”, “선생님이 저를 잡는다고 해서 제가 잡히면 바로 유출되요. 혹시나 신고하셔도 제가 잡혀도 선생님은 인생 끝난다고 봐야죠”, “선생님 조금 특이하시더라고요 성매매를 하면 보통 1:1이 아니고 여자를 하루에 두세 명씩 재밌더라고요”고 하는 등 피해자에게 범죄일람표 기재와 같이 수차례 겁을 주었다.

On May 17, 2014, the Defendant attempted to receive 100 million won from the victim of frightage, at the five entrance entrance area. However, upon receiving a report from the victim, the Defendant attempted to arrest the police officer who was divingd.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Each protocol of seizure and each list of seizure;

1. Attachment of a recording file of the mobile phone conversations;

1. Application of investigation reports (referring to threats letters and recording records of suspect telephone conversations), investigation reports (referring to cellphone telephone conversations records and recording files), and application of Acts and subordinate statutes to investigation reports (the details of suspect cell phone phone calls);

1. Relevant Article 352 of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

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