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Reasons
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(영문) 전주지방법원 군산지원 2015.07.08 2015고단287
강요미수
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A defendant shall be punished by imprisonment for not less than eight months.

One cell phone (No. 2) and one copy (No. 3) of the computer shall be confiscated.

Reasons

Punishment of the crime

On March 2014, the Defendant first became aware of the Victim C (A. 14 years of age) through “A.” On March 2014, 2014, the Defendant entered into a sexual intercourse with the victim at the mother telecom where the address of the former Gunsan-si is unknown at the end of the end of March 2014, and had the victim take the video of himself/herself while communicating with the victim and having the victim take the video of his/her own 30 images, which contain the form of self-defense of the victim, and stored them in the Defendant’s computer, Defendant’s account (D: password, password, E) NAND’s account, and A. 6 smartphone, owned by the Defendant, with the Defendant.

At around 17:11 on February 17, 2015, the Defendant sent to the victim a message such as “A, male search during the patient,” “10 minutes”, “I wish to put in”, and “I wish to make a dial report with other men at a place where the address of Incheon or lower is unknown,” and sent the message to the victim, “I wish to have the victim photograph and transmit the scene where I want to have sexual intercourse with other men,” “I want to know if I want to do so,” “I want to do so,” “I want to see one of the two things,” and “I want to have the victim spread the above images in the Internet if I want to listen to the Defendant’s speech.”

Thus, although the defendant threatened the victim to commit an unobligatory act, the victim was immediately notified to the mother of the above fact and reported to the police, thereby having attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each protocol of seizure and the list of seizure;

1. The Kakao Stockholm conversation (Evidence Record 58 pages, 118 pages);

1. Application of the Acts and subordinate statutes concerning the closure of each screen picture;

1. Articles 324-5 and 324 of the Criminal Act concerning the relevant criminal facts;

1. The defendant's reason for sentencing under Article 48 (1) 1 of the Criminal Act is the time when the crime is committed.

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