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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the coercion on July 17 through 21, 2018 of the facts charged by the prosecutor (1), the lower court acquitted the Defendant of this part of the charges on the following grounds: (a) comprehensively taking account of the following: (i) the mobile phone number used for the crime and the mobile phone number opened by the Defendant after the crime coincide; (b) the Defendant’s demand for sexual intercourse with the victim in a manner similar to the above crime; and (c) the photograph of the Defendant who requested the victim to have the victim threatened the victim by threatening the victim; and (d) the Defendant’s photograph taken by the victim by threatening the victim, the lower court acquitted the Defendant of this part of the charges
(2) The sentence sentenced by the lower court on unreasonable sentencing (one year and six months of imprisonment, 40 hours of order to complete a program, 5 years of employment restriction order, confiscation) is too uneased and unreasonable.
B. The above sentence imposed by the court below is too unreasonable.
2. Determination
A. (1) On July 17, 2018, the summary of the facts charged by the public prosecutor’s assertion of mistake (1) was that the Defendant pretended to have been incompared with his name-defluence, and demanded the victim to take pictures of sexual intercourses with the victim by using the phone number of the numberless telephone number “(victim’s personal information)” (the victim’s personal information) and male-gu sexual intercourses. On the 19th day of the same month, the Defendant requested the victim to take pictures of sexual intercourses with the victim. On the 19th day of the same month, on the 19th day of the same month, the Defendant appeared to have known the victim as “on the Kakakao Stockholm Stockholm message with the thickness of other minutes (if the Defendant sent the proposal, it would have been above 6:00 p.m.) and, if the Defendant refused to comply with the said request, it appears that he would spread the above sexual relation images.
Therefore, if the victim fails to comply with the above demand, it is difficult for the victim to spread the above sexually related video images, etc., and without any choice between July 19, 2018 and July 21, 2018, he/she sent the sexually related video images with the defendant three times.
In this respect.