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(영문) 대구지방법원 2017.08.25 2017고합271
강요등
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

1. On September 2016, the Defendant and the claimant for the order to observe the protective order (hereinafter “Defendant”) sent the victim E (hereinafter “Defendant”) who became aware of the Defendant’s home located in Sinsan City and through D’s app, to the victim E (hereinafter “D, 17 years old), a Kakao Stockholm, “I can spread the contents of sexual conversations with the victim so far or the contact address of the victim on the Internet. As such, the victim’s b body photograph and the video file in which the victim’s act was taken.

different types.

The message “ sent” was sent.

The defendant threatened the victim as above and let the victim frighten, who frighted, exposed to the victim's face and chest, or exposed to the victim's sexual organ, about 3 copies of photograph taken by the victim's sexual organ, and about 5 video files containing the victim's act of self-defense, sent them to the defendant's cell phone.

Accordingly, the defendant, through intimidation, caused the victim to perform a non-obligatory act.

2. Around September 2016, the Defendant, despite being aware of the age of the victim E, was sent from the victim’s face and chests to the Defendant’s cell phone, as described in paragraph (1), and possessed a child or juvenile pornography by storing the Defendant’s cell phone from around that time to February 2017.

3. On January 22, 2017, at the Defendant’s house as indicated in paragraph 1 around 10:00, the Defendant sent the victim’s photograph, etc. stored in a mobile phone as indicated in paragraph 2, to the victim E, and then sent the victim’s new phone numbers to the victim’s friendly body.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Application of the Messenger statute

1. Article 324(1) of the Criminal Act applicable to the relevant criminal facts and Article 324(1) of the choice of punishment (the point of coercion, the point of coercion).

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