Text
A defendant shall be punished by imprisonment for one year.
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
피고인은 2010. 9. 7. 부산지방법원에서, 내연관계에 있었던 C을 상대로 성관계를 맺은 것을 시댁에 알리겠다고 협박하여 500만원을 받아내려고 하였으나 미수에 그친 내용으로 징역 6월 및 집행유예 1년을 선고받은 사실이 있다.
On May 8, 2012, at around 09:34, the Defendant: (a) on the front side of the Busan Seo-gu, Busan, the Defendant met the said C’s son E (here 25 years old); (b) while showing four photographs in which C takes clothes to the victim, the Defendant appears to have a sexual intercourse with C, and (c) he knows that “I have a sexual intercourse with C, with the pcarma, and even if I have worked in the common guard area, I want to return to F.I. There is a male-child relationship. However, I also have a male-child relationship, and I would like to have a woman-child relationship. I would like to inform the victim that I had sexual intercourse with C.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Legal statement of witness E;
1. Statement of the police statement of E;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to investigation reports;
1. Article 283 (1) of the Criminal Act applicable to the crimes and Article 283 of the Election of Imprisonment;
1. Article 62(1) of the Criminal Act (Article 62(1) of the suspended sentence (Article 62(1) of the Criminal Act, although the defendant denies the crime of this case, considering the fact that the defendant does not act again in the future);
1. Probation under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;