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(영문) 서울동부지방법원 2020.08.20 2020고단1389

협박

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and the victim B(the age of 16) came to know through the online game ‘online Game Round', and have been a teaching system.

피고인은 2020. 1. 28. 05:30경 서울 강동구 C아파트 D호의 주거지에서, 피해자가 헤어지자고 한 것에 화가 나 페이스북 메신저를 통해 전에 피해자와 함께 찍었던 성관계 동영상을 언급하며 “니랑 나랑 영상이 몇갠대”, “니학교에 소문이 나던말던 지랄해볼게”, “니친구들이랑 남자 여자 니가족 아무한테나 다 돌려줄게 시발" 등 피해자와의 성관계 동영상을 피해자의 가족 및 친구들에게 유포하겠다는 취지의 해악을 고지하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on internal combustion (Attachment to data to close the details of ruptures);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of motion pictures);

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. The sentencing grounds of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act include the Defendant’s age, character and conduct, environment, relationship to the victim, motive, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, etc., and determine the sentence as ordered.

The favorable circumstances: The fact that the defendant seriously reflects the situation; the first offender who has no previous record; the situation unfavorable to the deletion of all the videos taken by the defendant is very poor in light of the content of intimidation and the motive of the crime; the fact that the victim seems to have suffered considerable mental pain due to the crime in this case; the fact that the victim is a minor; the victim did not recover the damage; and the victim did not agree with the victim.