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(영문) 대전지방법원 천안지원 2021.01.27 2020고합298
성폭력범죄의처벌등에관한특례법위반(촬영물등이용협박)
Text

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

The defendant, around 10:00 on May 27, 2020, sent by the victim B (the victim 22 years of age) by hand the chest to the victim's name from the non-explosive game fluence around the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and through a "uumping" display the victim's account, and then, around 28:37 of the same month, the defendant found the victim's account through the "Neong-gu, Seo-gu, Seo-gu."

n. The Defendant sent the above pictures along with the message called n.e., h., h., and the Defendant did not transmit the above pictures to the Defendant by n.e., dumping.

In spite of their words, “contributably live” is continued.

Photographs shall be well-owned.

“I may know why much is good, you can see or show the body of the latter, which is followed by the latter,” “Isle or friend,” and “Isle or photograph,” respectively.

“The message sent” was sent.

Accordingly, the defendant threatened the victim by using photographs or reproductions that could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement protocol B to report on the assessment of the damage from crime to the victim of the North Korean message in the police statement page B;

1. Article 14-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order; Article 49(1) proviso and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17282, May 19, 202) (the Defendant has no record of being punished for sexual assault crimes).

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