강요등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
The evidence Nos. 1 and 2, seized, from the defendant.
1. The instant crime on the grounds of appeal reveals that the Defendant sent a cell phone message that may cause sexual humiliation or aversion to the victim, who is a female juvenile under 13 years of age who is physically and mentally vulnerable, on 97 occasions in total, and furthermore, by threatening the victim, had the victim affix his body and sexual photo and transmit it over 23 times in total, and then keep and possess the aforementioned photograph in the Defendant’s personal computer. The crime is not good in light of the object of the instant crime and the method of the criminal act, etc., and that the victim suffered considerable mental sufferings at the time of forming sexual identity and values due to the instant crime is disadvantageous to the Defendant.
However, the defendant temporarily committed the crime in light of the fact that all of the crimes of this case are recognized by the defendant, the first offender who has no record of criminal punishment, and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) and coercion among the crimes of this case, although all of the crimes of this case were committed during a relatively short period of time from July 22, 2013 to 23:24 on the same day, the defendant seems to have committed the crime. After that the defendant did not repeat each of the above crimes against the victim. After that, the defendant did not repeat the crime against the victim; that the defendant spreads the b body and sexual photo transmitted by the victim on the Internet; that the defendant left the above photo only without other crimes; that the defendant deposited KRW 10 million on behalf of the victim in the trial; the motive and circumstances leading up to the crime of this case; the defendant's motive and circumstances leading up to the crime; the defendant's age before and after the crime of this case; the defendant's occupation and behavior and family relation;