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(영문) 대전지방법원 홍성지원 2017.02.07 2016고단835
공갈미수등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2014, the Defendant started schoolwork from the victim B (n, 19 years of age) and from around October 2014 to around April 4, 2016, and was living together from around November 2014 to around April 4, 2016, and took a sexual intercourse with the victim B on December 27, 2014, using a smartphone camera with the victim’s consent, while having sexual intercourse with the victim B at around December 02:0, 2014.

On April 2014, the Defendant: (a) when the Victim B filed an excessive claim against the Defendant using his/her mobile phone under the name of the Defendant; (b) arranged the relationship with the Victim B; (c) displayed the video images of the victim C (48 years old) and D (41 years old) who are the pro-parents of the victim B; and (d) stated that he/she spreads the video images of the aforementioned sexual relationship; and (c) had the intent to collect money from the victims.

1. On April 5, 2016, at around 07:54, 2016, the Defendant called the victim C at the Defendant’s home located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the purpose that “I would have to pay 6 million won to the Defendant, because I have written 6 million won to the Defendant,” and the victim C did not seem to have any particular response. As such, at around 08:29 on the same day, the Defendant sent the image of the sexual relation taken as above to C with smartphone c, and did not pay the said money to the Defendant, if I would not deliver the above money to the victim, by intimidationing that I would distribute the above video to an unspecified majority of the general public, but the victim C did not deliver the money to the Defendant.

As a result, the defendant taken the body of the victim B who could cause sexual humiliation or shame by using mobile phone camera, provided the victim B with photographing materials against the victim B's will, and attempted to deliver property from the drinking victim C by harming the victim C, but also attempted to do so.

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