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(영문) 서울남부지방법원 2013.07.10 2013고단1588

협박

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant came to know of the same workplace rent, and the Defendant was no longer married, and the victim B, who has a sexual intercourse with the same workplace, did not talk with the Defendant. Around January 21, 2013, the Defendant continued to contact the victim by photographing the victim’s sexual intercourse head or body pictures with the victim for one week prior to the victim’s marriage, and then making contact with the victim continuously. On January 21, 2013, when the victim got married, the Defendant would want to have the victim (man, 22 years old) take the cell phone of the victim (the victim) using smartphone cartoox, and “I want to have the victim and diving. I would like to keep the photo as seen earlier. I would like to delete the victim’s sexual intercourse with the victim. I would like to send the text message to the public without complying with the victim’s communication.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigative reports (Attachment to Kakao Stockholm messages);

1. Article 283 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, i.e., the Defendant: (a) committed intimidation by sending the victim who was placed in front of marriage, a bathography as if he/she were to spread his/her photo; or (b) sending the letters demanding a sexual relationship; and (c)

On the other hand, the Defendant shall be sentenced to the same punishment as the disposition by comprehensively taking into account the fact that there has been no previous criminal conviction.