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Reasons
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(영문) 서울중앙지방법원 2016.11.25 2016고단6582
협박등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 2016, the Defendant threatened the victim by transmitting text messages stating that “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

2. On May 23, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent two copies of the chest photographs of the victim E (the age of 12) to the victim F (the age of 12) by using a smartphone cting function at a place unfolding place, thereby allowing the victim F (the age of 12) to reach the other party with a view to inducing or satisfying his/her or other persons’ sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Each stenographic record or statement of E or F;

1. Reports (based on the results of analysis of digital evidence) and reports on analysis of digital evidence;

1. Application of CD-related statutes as a result of digital evidence analysis;

1. Relevant provisions of the Criminal Act, Article 283(1) of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media), and choice of imprisonment with prison labor, 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. The sentencing of the Criminal Act Article 62-2 and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be determined in full view of the following specific circumstances and the methods and patterns of the instant crime, the Defendant’s age, character and conduct, home environment, and circumstances before and after the commission of the crime, etc., and the sentencing conditions as stated in the arguments,

It is due to the same crime (obscenity using a media).

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