2018No426 Intimidation, Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Film of Cameras)

○○, Company Board

Defendant

Maximum Britain (Public Prosecution) and Domnasty (Public Trial)

Attorney Lee Sung-won-gu District Court Decision 2017Gohap5282 Decided January 23, 2018

March 30, 2018

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (six months of imprisonment and forty hours of an order to attend a course) is too unreasonable.

2. Determination

It is recognized that the defendant recognizes all the charges of this case and reflects his mistake, and that the defendant does not have any previous error.

However, the Defendant, upon notifying the victim who was in a relationship with the victim, threatened the victim with the body photograph of the body body of the victim who was taken and kept in custody of the victim in order to continue to meet with the victim. In addition, it is recognized that the crime of this case is bad to the nature of the crime, such as transmitting the above photograph to the family members and branch members of the victim, and that the Defendant was not able to receive a letter from the victim until the time of the trial.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentencing of the lower court is not unfair.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge's permission area

Judges Shin Jin-jin

Judges Park Gi-mo