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(영문) 부산지방법원 2016.06.09 2016고단1473
강요등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On September 6, 2015, the Defendant forcedd the Defendant sent Kakakao Stockholm messages to the victim C (the age of 26) (the age of 26) who was aware of the Defendant’s home at around 02:30 on September 6, 2015, B 1 Dong 203 on the Internet hosting 6-7 on September 6, 201.

On September 6, 2015, at around 02:30 on September 6, 2015, a copy of a photograph containing panty panty was transmitted from the person suffering from drinking, and from around 19:54 on October 5, 2015, a victim’s photograph, video, etc. was transmitted more than four times in total as shown in Appendix I, and forced the victim to perform an act without any obligation.

2. On September 6, 2015, the Defendant sent the victim’s cell phone a message “to see several times” using Kakao Stockholm to see” at the same place, and from that time until October 23, 2015, the Defendant sent the message 37 times in total as shown in Appendix II from that time to October 23, 2015, thereby reaching the victim’s fear or apprehension repeatedly.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A set of 21 copies of the Kakao Stockholm and the Kakao Stockholm dialogue file;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 324 (1) of the Criminal Act for the selection of the relevant criminal facts, and Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (the choice of each imprisonment with labor);

1. Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] shall be subject to the special aggravation area (one to three years from October), and the victim who is vulnerable to the crime [the scope of revised recommendations] shall be subject to imprisonment for not less than 10 months (the sentencing criteria shall not apply.).

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