[Part 42] Practical Guide to Filing Criminal Complaints and Damage Reports! Sentencing Trends in Judicial Precedents

The importance of knowing in advance 'what happens if I file a complaint'

In Part 5, Section 4 and Part 6, Section 1, we explained the mechanisms of damage reports and criminal complaints, as well as the statutory penalties for extortion.

In this article, we will organize the trends in dispositions and sentencing when a case is actually prosecuted, based on judicial precedents.

Understanding these prospects is useful for victims to grasp future developments and prepare themselves mentally.

Factors influencing sentencing for extortion

The statutory penalty for extortion is imprisonment for up to 10 years, but the actual severity of the sentence varies greatly depending on the details of the case.

The main factors that influence sentencing include the following:

• Size of the damage amount: The higher the damage amount, the more likely a heavier disposition will be imposed

• Maliciousness and premeditation of the act: Planned crimes with clearly defined roles or methods that exploit a victim's weaknesses are likely to be evaluated as highly malicious

• Attitude of remorse: Whether the suspect or defendant is deeply remorseful

• Existence of a settlement: Whether a settlement has been reached with the victim significantly affects the severity of the disposition

• Presence of a criminal record: Whether it is a first offense is one of the factors considered, but being a first-time offender does not necessarily guarantee a lighter disposition

The practical reality that 'being a first-time offender' does not always mean a light sentence

There is a general image that 'first-time offenders are likely to receive non-prosecution or a suspended sentence,' but this is not absolute.

If the damage amount is extremely high, such as several million yen, if the method is extremely malicious and premeditated, or if there is no sign of remorse at all, a prison sentence is possible even for a first-time offender.

In an actual precedent, in a case where a defendant conspired with an organized crime group to extort approximately 8 million yen from a construction company, the court acknowledged that 'a prison sentence was entirely possible,' but considering factors such as the defendant's deep remorse and promise to sever ties with the crime group, a sentence of 3 years in prison suspended for 5 years was handed down.

On the other hand, in a case where a defendant caused a deliberate rear-end collision after making the victim drive while intoxicated to extort money, the court ruled that because the act was 'highly malicious with detailed role-sharing and planning,' it was considered on the heavier side of similar crimes even taking into account the lack of a prior criminal record, resulting in a 4-year prison sentence.

Actual precedents related to 'tsutsumotase' (honey trap) schemes

It is clear that even in cases related to honey traps, the outcome varies significantly depending on the amount of damage and the degree of involvement.

In one case, regarding a female defendant who received 2 million yen as a reward out of 15 million yen obtained from the victim, the prosecutor sought a 3-year prison sentence. However, the court emphasized that her degree of involvement was lower compared to other accomplices and that she had compensated the victim for almost the entire amount she had received, resulting in a sentence of 2 years and 6 months in prison suspended for 4 years.

As can be seen from this case, not only the total amount of damage but also the extent of each participant's role and the amount of restitution made are important factors in determining sentencing.

Sentencing Trends for Attempted Extortion

Even if the extortion ends in an attempt (such as when the demand is not met and no money is paid), it is subject to punishment as an attempted crime, as explained in Part 6, Chapter 1.

According to statistics, the typical prison sentence for attempted extortion ranges from one to over two years, and it is often the case that a suspended sentence is granted.

However, depending on the nature and persistence of the extortion, the impact on the victim, whether the perpetrator shows remorse, and whether a settlement has been reached, there are cases where an unsuspended prison sentence is handed down.

What it means for the victim that 'a settlement affects the disposition'

The conclusion of a settlement is an important factor for the suspect in obtaining a non-prosecution or a suspended sentence.

Conversely, this also means that the victim is in a position to have a certain influence on the disposition of the case depending on how they respond to settlement negotiations.

As explained in Part 6, Chapter 5, whether or not to engage in settlement negotiations is the victim's free decision, and there is no obligation to do so.

However, knowing the practical tendency that a settlement is likely to lead to a lighter disposition can be a factor in deciding how to proceed when consulting with a lawyer.

It is important to carefully consult with your lawyer regarding the settlement amount and conditions to determine a point of agreement that you are satisfied with.

Summary

• Sentencing for extortion is determined by comprehensively considering multiple factors, such as the amount of damage, the maliciousness of the act, the attitude of remorse, the existence of a settlement, and prior criminal records.

• It is not necessarily 'light because it is a first offense'; if the damage amount is high or the maliciousness is significant, an unsuspended prison sentence is possible.

• Even in precedents involving 'tsutsumotase' (honey traps), the degree of involvement and the presence of restitution significantly affect sentencing.

• Attempted extortion often results in a prison sentence of about 1 to 2 years with a suspended sentence, but an unsuspended sentence is possible depending on the details of the case.

• Since the conclusion of a settlement significantly affects the disposition, it is important for the victim to consider how to respond while consulting closely with a lawyer.

Next time, we will explain realistic options for those who wish to resolve the matter without their family finding out, and conclude Part 6.