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(영문) 인천지방법원 2018.11.22 2018고단6281
협박
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

The Defendant, who was in alliance with the Victim C (L, 48 years of age), was willing to threaten the victim using b body images of the victim, taken on the ground that he did not repay the money between the victim and that he did not repay the money between him.

On May 2, 2018, the Defendant sent the victim’s message, “I am flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s flicker’s f

After that, on May 8, 2018, the Defendant sent a cell phone image of the victim who had been kept in the cell phone by the same method to the victim on May 8, 2018, and “I see that many people do this.”

By transmitting the message to the general public, “the victim was frightened to the victim as if he were to spread the victim’s brightness image to the general public.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Kakao Stockholm message legislation

1. Relevant Article 283 of the Criminal Act concerning the facts constituting an offense and Article 283 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommending punishment] [the grounds for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2007] has no basic area (two months to one year) [the person subject to special sentencing] [the person subject to special sentencing] [the decision of sentencing] is not good for a crime by threatening a victim by using the b

However, the fact that the defendant did not have distributed the above video actually and deleted all of them, the defendant is against himself, and the defendant has been committed one time before the same kind of crime, but more than 10 years have passed, and the defendant's character, behavior, family environment, etc. are considered at once.

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