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(영문) 서울중앙지방법원 2016.10.13 2016고단5435
공갈미수
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 16, 2016, the Defendant heard the victim’s speech that “the Defendant was sexually indecent act from the victim G” from her female-friendly job offering F, and had the victim receive money under the pretext of agreement.

Accordingly, the Defendant called the victim on February 19, 2016 and called the victim before filing a report with the police, and called the victim on February 23, 2016, and called the victim to "I am to have an agreement before filing a report with the police," and called the victim to inform the victim of sexual indecent act without having reached an agreement. On February 24, 2016, the Defendant demanded the victim to call to the victim and make an agreement with the victim around February 24, 2016, and if the victim did not reach an agreement, "I am to the match Police Station, I am to have a police station." On February 29, 2016, the Defendant reported the victim of sexual indecent act, "I am to have an indecent act done with sexual intercourse," and "I am to have it known to the victim on March 25, 2016 without having reached an agreement by 300,000 won or more to have it known to the victim in cash."

As such, the Defendant demanded the victim, who frightened the victim, to have frightened, to have 50 million won under the pretext of a mutual agreement, but the victim refused to do so and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning facts constituting an offense (the point of attempted punishment and the choice of fines);

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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