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(영문) 인천지방법원 2020.10.16 2020고단6690

협박

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 2, 2018, the Defendant, who pretended to be a female, had a conversation with the victim B (23 years of age) and C, had a custody of video images of the victim’s body self-defensive act, on condition that sexual intercourse would be undermined.

On September 27, 2019, from around 23:03 to September 02:30, 2019 to around 02:30 on September 29, 2019, the Defendant demanded that “the Defendant, while dialogueing the victim with the victim D Buildings in Yeonsu-gu Incheon, Yeonsu-gu D, and E, he exceeded the clothes,” and “the Defendant sent a photograph of off the clothes” and “the Defendant, who was in custody of the victim who did not comply with it, sent the video images of the victim’s personal body and self-defense to the victim’s friendship.”

Summary of Evidence

1. Defendant's legal statement;

1. B's response to the police's statement request for analysis of digital evidence, and application of the C's text of the report conversation;

1. Relevant Article 283 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the form of intimidation on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the crime is inferior and the victim wants to punish the defendant is disadvantageous.

However, it appears that the defendant shows the attitude of recognizing and opposing the crime, the primary offender, the defendant suffers difficulties in daily life due to symptoms of cerebral diseases, and the age, character and conduct and environment of the defendant, the motive, means and result of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and