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(영문) 창원지방법원 진주지원 2021.01.21 2020고합122
성폭력범죄의처벌등에관한특례법위반(촬영물등이용협박)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim B (the 24 years of age) repeated hedging from August 2018 to October 2020.

On October 27, 2020, at around 16:09, the Defendant sent a video recorded with the victim with the victim with the victim’s consent when he/she saws with the victim in the past using the Kakakao Kakao Kakao Stockholm from a mobile phone, on the ground that the victim does not come to contact with the victim at the Defendant’s residence located in Dongdaemun-gu Seoul Metropolitan Government around October 27, 2020, and then sent the video recorded with the victim with the victim’s consent.

In gold, 2 years after telephone damage, breatha, breatha,

No. 3, four persons, and reading har, large-scale food, and mental tea;

2 minutes after the lapse of such period:

provided that no permanent address exists, the delivery to the home country;

Before sending a photograph, the victim’s sound photographs were distributed to the victim’s will by sending the victim’s sound photographs, and continuously transmitting the victim’s sound photographs to another person. The victim’s sound photographs were distributed to the victim’s will.

Accordingly, the defendant threatened the victim by using the photographing material that could cause sexual humiliation or shame.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. 112 A list of reported cases;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on the screen pictures of the message sent by the victim, the content of the message transmitted by the victim, the data submitted on dialogue between the victim and the Stockholm screen pictures;

1. Article 14-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, exempted from an order of disclosure notification and employment restriction order;

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