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(영문) 수원지방법원 안양지원 2017.09.08 2017고단809

협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 2012 to December 2, 2016, the Defendant was in custody of the victim D (at least 50 years of age, 50), and the victim’s chests, sound photographs, sexually related video images, etc. in the Defendant’s cell phone (Evidence No. 1). On January 2017, the Defendant heard the talk of the victim from the first police officer to the second police officer.

On February 16, 2017, the Defendant: (a) lent the victim’s pictures and videos in custody from the Defendant’s friendship F to the F’s hand phone; and (b) sent them again to the Defendant’s new male and female appearance G by means of text messages; (c) from that time, until March 16, 2017, the Defendant sent the victim’s pictures and videos to the Defendant’s new male and female appearance G by sending them to the Defendant’s new male and female appearance G by means of text messages; (d) from that time, until March 16, 2017, the Defendant transmitted and provided the victim’s pictures and videos

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E (tentative name);

1. A statement prepared by H;

1. Investigation report (as to the submission of smartphone evidence by the complainant), investigation report (as to the submission of the victim's smartphone evidence), investigation report (as to the victim's sexual intercourse video, etc. stored in the seized mobile phone), investigation report (as to the victim's sexual relation video, etc. stored in the seized mobile phone), investigation report (as to the report on the result of the program submitted by the suspect's smartphone evidence), investigation report (as to the victim's b body photo and additional transmission and leakage of sexual relation video images), investigation report (as to the victim's cell phone transmission

1. Application of statutes on records of seizure and lists of seizure;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. against Crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Sentencing sentencing under Article 48(1)1 of the Criminal Act is due to the background and circumstances leading up to the crime.