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(영문) 대구지방법원 포항지원 2017.08.10 2017고단793
공갈미수등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On April 7, 2017, the Defendant violated the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (sexual traffic) paid 140,000 won in cash to female employees F (V, 32 years old) at a leap establishment located in North-gu, North-gu, North Korea, at the port of port of call, in return for commercial sex acts, and engaged in commercial sex acts by doing sexual intercourse with F.

2. The Defendant, at around 02:05 around April 7, 2017, in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (using and photographing cameras, etc.), was in possession of the victim’s clothes in his/her body after committing the act of sexual intercourse with the victim F at the places indicated in paragraph (1).

Hand taken a body of the upper half of the victim's face using a cellphone camera.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation and shame by using a camera, against his will.

3. The Defendant attempted to commit an act of sexual intercourse with the victim F after having provided the victim F with the Defendant with a sexual intercourse, and after having provided the victim with a G text message, the Defendant was unable to meet the living expenses while communicating with the victim, with the intent to receive money by using the video taken from the victim’s future pictures.

On May 2, 2017, from around 22:40 to 23:20 on the same day, the Defendant sent several messages to the effect that “if the Defendant did not deposit KRW 5 million in cash into the account, he would distribute bale images to the Internet broadcast,” using Handphone G services from the Defendant’s home located in He-si to the victim’s handphone.

As above, although the defendant had to withdraw money from the injured party by threatening the injured party, the defendant did not have the intent to make a report to the police, but did not have the intent to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Seizure records;

1. Investigation reports (related to images, etc. of the victim's body body) and investigation reports (related to dialogue between victims);

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