beta
(영문) 대구지방법원 안동지원 2014.06.10 2014고단285

협박등

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On February 23, 2014, the Defendant sent the victim’s message of “C Kakaothothing” by accessing the victim’s cell phone to the victim C’s Kakaothing room using his cell phone at the same time and around February 23, 2014, and, as described in attached Table 1, sent from that time, as indicated in attached Table 1, an article that may cause sexual humiliation or aversion on a total of six occasions by no later than April 9, 2014.

2. On March 2, 2014, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) sent a victim’s message using the Defendant’s mobile phone to the Kakakao Stockholm Stockholm; (b) and (c) sent the victim’s message “Peasi Mean” by accessing the victim’s cell phone at the same time, and had the victim arrive repeatedly of the language and sound that arouses fear or apprehensions over 14 times from March 13, 2014, as shown in attached Table 2.

3. 협박 피고인은 2014. 4. 10. 15:39경 안동시 이하 불상지에서 피해자가 경찰에 신고한 것에 앙심을 품고 피고인의 휴대전화를 이용하여 피해자의 카카오톡 채팅방에 접속하여 “C야 니 배에 구멍날일잇을기다 아부지어머니몸조심좀하라해라 ㅋㅋ”라는 메시지를 보낸 것을 비롯하여 별지 범죄일람표3 기재와 같이 그때부터 같은 날 17:27경까지 총 2회에 걸쳐 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to each Kakao Stockholm message (Evidence No. 3, 11) and to report internal death (Presentation of Additional Data by Victim);

1. Relevant Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, for the Crime, and for the Selection of Punishment, etc. of Specific Crimes (Use of Communications Media and Selection of Imprisonment) and information and communications networks.