A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

Around April 2016, the Defendant was the former male-child-gu of the victim C (V, 25 years old) and did not contact the victim for one-time period.

그러던 중 피고인은 2016. 9. 26. 21:16 경 불 상의 장소에서 카카오 톡 메신저를 이용하여 피해자에게 문자 메시지로 ‘ 휴가 때 같이 여행을 가자’ 고 이야기 하다 피해 자로부터 거절당하자 피해자에게 피고인과 피해자의 성관계 장면이 촬영된 동영상을 전송한 후 ‘ 해도 해도 망신뿐 저 고추는 모습 안 들여서 증거가 안 남고 네 얼굴 확실히 나왔으니까 나오지, 와서 하루밤만 자고 가 주면 지워 드림, 그 동영상 너의 가족 넘어가면 창피하지, 하룻밤만 자고 가면 후딱 지워 드려요.

By sending the text message, the victim threatened the victim, showing the attitude that the victim would distribute the above images to the Facebook if the victim did not respond to the Defendant’s request.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of this Act and subordinate statutes by capturing Kakao Stockholm messages

1. Relevant Article 283 of the Criminal Act, the choice of punishment for the crime, Article 283 (1) of the Criminal Act, and the choice of imprisonment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the sentence identical to the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime.

- The offense committed by the defendant is very bad.

The victims suffered from severe mental pain and uneasiness and fears will not be completely resolved in the future.

- The Defendant did not receive a letter from the injured party and did not agree with the injured party.

- However, it seems that the defendant shouldered his wrong life through detention and repented.

- There is no criminal history prior to the instant transfer.