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(영문) 서울남부지방법원 2015.11.06 2015고단2767
협박등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (obscenity possession) was aware that he/she was a child or juvenile and tried to keep his/her body pictures by transmitting them from the victim while communicating with the victim C (14 years of age) by accessing the Stockholm, which is a mobile phone app.

On January 27, 2015, at around 00:02, the Defendant sent a Kakao Stockholm text message to the victim, stating that he/she would give the victim a bridge photo, and stored it in the cellular phone by transmitting the victim’s upper half of the body photo exposed to the chest from the victim.

As a result, the Defendant possessed the upper half of the victim's body photograph exposed to breast, which is a child or juvenile pornography.

2. The Defendant sent a Kakao Stockholm text message to the victim who refused to send by affixing a photo at the time and place specified in paragraph (1) of this Act (obscenity using a communication medium) and the victim’s refusal to send it by affixing the Defendant’s house, and sent a Kakao Stockholm text message to the victim who refused to transmit it by signing the Defendant’s house in lieu of the Defendant’s act of self-defense.

As a result, the Defendant sent to the victim a text that causes sexual humiliation and aversion using a cell phone, which is a communication medium, with the aim of meeting the sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. The contents of the Kakakao conversation and the request for the provision of communication data;

1. Application of Acts and subordinate statutes on investigation reports (carkao Stockholm verification);

1. Relevant legal provisions concerning criminal facts, Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the possession of obscene materials), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the use of communications media) and the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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