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(영문) 수원지방법원 성남지원 2017.09.22 2017고단2109
협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Since 10 years ago, the Defendant was active at the pande club of the victim C (V, 44 years old) and developed from August 2016 to the relationship with the victim. However, the Defendant got informed of the victim around October 2016.

On May 2, 2017, the Defendant posted the victim’s b body photo taken by the Defendant on the victim’s Internet panty club “E” bulletin board “E”, the victim’s Internet panty club (E), at around 07:36, Gwangju-si, the Defendant posted the victim’s b body photo at the time the Defendant conspireds with the victim.

Accordingly, the Defendant displayed publicly the photograph of the victim’s body against the victim’s will that may cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. The application of the statutes governing the posting by posting photographs and photographs comparing original pictures, and by posting by panpanty kpans;

1. Article 14 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is that the defendant posted a photograph that may cause a sense of sexual shame to the injured party’s pande clubs and Internet car page to the injured party is disadvantageous to the accused.

However, in light of the fact that the defendant led to the crime of this case, there is no record of punishment exceeding the same criminal record and fine, the victim expressed his intention not to punish by mutual consent with the victim, the fact that the victim partially revised and posted the above photograph, and other circumstances under Article 51 of the Criminal Act, etc., the punishment shall be determined as per the Disposition.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant shall be subject to special cases concerning the punishment of sexual crimes.

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