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(영문) 서울서부지방법원 2017.05.18 2017고단535
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

1. On December 7, 2016, the Defendant sent a phone to the victim on the ground that the Defendant did not receive contact after hedging with the victim C (M, 21 years of age) at the lower accommodation located in Echeon-si, Gyeonggi-si, Gyeonggi-si, and that he was not in contact with the Defendant.

Neina

부모님 만나서 깽 판 한번 쳐 봐 니 네 아파트 앞에서 한번 깽 판 한번 쳐 봐 내가 못할 것 같애 신 고 백날 해봐. ”라고 말하여 피해자를 협박한 것을 비롯하여 별지 범죄 일람표 (1) 기 재와 같이 그로부터 같은 달 22. 경까지 총 5회에 걸쳐 피해자를 협박하였다.

2. On November 13, 2016, the Defendant, at around 11:27, was refused to meet the victim from the said victim at the lower-class accommodation. On the grounds that the Defendant, at around 11:27, sent a victim’s exposed photograph, which was in custody of the Nonindictedphone’s Meetween, to the victim through the Non- Commission (Between), a smartphone program, and sent a victim’s exposed photograph, as shown in the attached list of crimes (2) via an information and communications network, 11 times in total, from December 26, 2016 to December 26, 2011.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Complaint;

1. Application of Acts and subordinate statutes to the letter, photograph and record of intimidation submitted by the victim;

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act, Articles 74(1)3 and 44-7(1)3 (a) of the Act on Promotion of Utilization of Information and Communications Network Utilization and Information Protection, Etc.) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the choice of imprisonment, respectively, with prison labor;

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 suspended execution;

1. The criminal defendant's crime of sentencing under Article 62-2 of the Criminal Code for the observation of protection and observation appears to have been under considerable mental stress, such as provoking of apprehensions and fears, and the criminal act has been repeated, and the transmission of intimidation and text.

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