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(영문) 서울남부지방법원 2017.02.15 2016고단5744
공갈미수등
Text

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.

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);

A. On October 11, 2014, the Defendant, at the Gangseo-gu Seoul Metropolitan Government, a residence of the victim, taken six copies of the victim’s sound and mar, using a camera, which is located in the Defendant’s cell phone, during the period between the victim C (V, 19 years of age) who was in a relationship with the Defendant at the time and was under influence of alcohol.

B. On June 2016, the Defendant taken 14 copies of the victim’s chest photographs using the Defendant’s cell phone while under the influence of alcohol, among the victim F (F, 19 years of age) who was in a relationship with the Defendant, at the time, in the Eel located in Gangseo-gu Seoul, Gangseo-gu, Seoul.

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

2. The Defendant attempted to attack money from the injured party using the victim’s chest photographs taken with the consent of the above victim F, etc.

On August 23, 2016, the Defendant sent the above pictures to the G account of the victim F on August 23, 2016, and threatened the victim with the content that “I will raise the above pictures on the H website if I do not know 50,000 won per page.” On August 28, 2016, the Defendant received delivery of KRW 1.5 million from J Park in Gangseo-gu Seoul Metropolitan Government I on August 28, 2016 to the victim, but the victim reported the fact to the police officer and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to G dialogue Contents for which it is confirmed that the victim demands money from the victim);

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the occupation of cameras and photographs) against criminal facts and Articles 352 and 350 of the Criminal Act.

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