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Reasons
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(영문) 부산지방법원 2016.01.29 2015고단7420
강요
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2015, the Defendant, at the Defendant’s home located in Busan Northern apartment No. 107dong B, 804, around 11:30, 2015, carried out a hosting with the victim C (the victim 15 years of age) and smartphone-componing Stockholm, the Defendant was working in Geumcheon-gu.

If the body photographs are not sent, it would be rape in his house." It received six copies of the victim's upper half body, lower body, and telegraphic body photo from the cell phone by threatening the victim to "......"

Defendant 1, after receiving the above balm photographs, sent the victim’s photo to engage in self-defense with the victim by using video conversations with the victim, she saw the victim as his/her own balm with the victim, and “a video tape is humped to the male stirr.

If you do not do so, you will roots the balthic photo of the width.

"Intimidating the victim", the victim made the victim self-defluence in video conversations with the defendant.

In this respect, the defendant threatened the victim to perform an act of non-performance of obligation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes after the conversation details is cut down;

1. Relevant Article 324 of the Criminal Act concerning the facts constituting an offense and Article 324 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the reflection of the accused, the non-existence of the victim's punishment, and the first offender);

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] / The basic area (6 months to 1 year) (including special mitigation) / The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act; and

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