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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant started with the school system on August 2018 with the victim B (n, 25 years of age) and around five months, and decided upon the victim's request.
1. On January 19, 2019, at around 00:19, the Defendant, on the ground that the victim was no longer present before the victim’s home located in Yongsan-gu Seoul, Yongsan-gu, Seoul, and threatened the victim with a method of expressing the victim’s speech and behavior by transmitting Cirex message with his mobile phone, stating that “I last am hye, hye, and hye, the year which would have caused the occurrence of § 32(d)” to the victim’s reputation.
2. On February 2, 2019, at around 15:23, the Defendant sent a mobile phone text message with the content that “the victim would refuse the proposal of the Defendant to be a partner in sexual relations,” and that “the victim has yet to have a dynamic image,” at around 15:28 on the same day, the Defendant threatened the victim in a way that, at around 15:28 on the same day, the victim would be able to see that “I am spherd immediately spherd and spherd, so I am spherd, and still have a dynamic image, and then the Defendant threatened the victim in a way that seems to have made a speech and behavior to harm the reputation, etc. of the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. The police seizure record and the list of seizure;
1. Application of the message-related Acts and subordinate statutes to suspects and victims;
1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. Scope of recommended sentences according to the sentencing criteria;
(a) Crimes 1 and 2 (Notice of Punishment) (Notice of Punishment) (Notice of Intimidation) and no general intimidation [Class 1] (Special Intimidation) (Scope of Recommendation and Recommendation) (Scope of Recommendation) basic area, 2 months through 1 years of imprisonment;
(b) multiple crimes;