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A defendant shall be punished by imprisonment for not less than eight 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 July 2015, the Defendant sent to the victim (e.g., the 12 years old), who was informed of the Defendant’s home located in Busan Dong-gu through the Kakao Scarto Ri, conversations with the victim-friendly Kakakaox as if he were the victim-friendly fluor, and sent the victim’s image and face pictures.
In other words, transmission was received.
After that, the Defendant, around that time, sent letters and Bosa Stockholm to the victim several times, which read, “if the Defendant does not send a dynamic image on his body, he would spread the dynamic body image to the Internet and the NA-dongs,” and received a dynamic image from the victim.
Accordingly, the defendant threatened the victim to commit an act of non-performance of obligation.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police on the police;
1. Application of the Stockholm statute
1. Relevant provisions of the Criminal Act and Article 324 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
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 stay of execution (see, e.g., Article 62 (1) of the Criminal Act in light of the fact that there seems to be no additional damage, such as the spread of reflect
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;