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(영문) 인천지방법원 2013.09.04 2013고단4188
강요등
Text

A defendant shall be punished by imprisonment for six months and by a fine of two thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On May 12, 2013, from 18:00 to 22:00, the Defendant forced the victim E (the victim 14 years old) who became aware of a smartphone hosting display sign through the “tethy” at D, a Defendant’s workplace in Gyeonggi-si, a game strike, to which the victim would have been working, and the victim would not have the victim want to do so. When transmitting the victim’s face photograph, etc. to the victim, the victim sent the victim’s face photograph, etc. to the victim, as if he would have distributed the victim’s photograph on the Internet, the victim allowed the victim to consent to the Defendant’s request. Then, if the victim would not send the chest photograph, the victim would have the face photograph already sent to the Internet, and the victim would be deemed to have sent the chest photograph from the victim, “I would like to do so, but I would like to do so,” and the victim would again receive the victim’s photograph on the Internet and let the victim take it again to the victim.

As a result, the defendant threatened the victim and let the victim frighten, who is frighten, transmit the victim's chest and sexual photograph to the defendant, so that the defendant does not have a duty to do any act.

2. The Defendant had a child or juvenile pornography transmitted by the victim, as described in the foregoing paragraph, by transmitting the child or juvenile pornography to his/her handphone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the statutes governing Kakao Stockholm letters;

1. Article 324 of the relevant Act concerning criminal facts; Article 8(5) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (wholly amended by Act No. 11572, Dec. 18, 2012);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1)).

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