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(영문) 의정부지방법원 고양지원 2018.04.03 2018고단194
공갈등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim C (n, 47 years old) have been in a resistant relationship between the defendant and the victim at the beginning of February 2014 and the recent years.

1. On March 1, 2015, the Defendant: (a) taken pictures of the sexual relationship between the victim and the victim, who had his/her mobile phone set up in the front cremation unit and might cause a sense of sexual shame at the E hotel located in D at the time of wave around March 21, 2015; and (b) taken pictures of the body of another person, which may cause a sense of sexual shame on two occasions, such as taking pictures of the sexual relationship with the victim at around 07:0 on March 2, 2015, by the same method as at around 07:0 on March 2, 2015.

2. From October 20, 2017 to October 25, 2017, the Defendant sent the victim’s husband, son, father, mother, her mother, workplace club member, and husband of fluoral district in writing a written message on the victim’s incompetence and sexual intercourse with the victim, and the fact that sexual intercourse is taken. On October 25, 2017, the Defendant received 350,000 won in cash from the victim who asked “I would like to go to go to fluor, regardless of whether I would go to go to fluor,” to the victim who asked “I would go to go to fluor, I would like to go to go to fluor,” and then received from the victim who was fluor of the sexual harassment to “I would go to go to fluor, regardless of whether I would go to go to fluor,” and then received from the victim on October 28, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each text message (Nos. 4 through 10);

1. Two copies of a sexually related video;

1. Application of the Acts and subordinate statutes to checks (the details of payment by agreement);

1. Article 350 (1) of the relevant Act on the Punishment, etc. of Sexual Crimes (the point of conflict), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the point of conflict), and the selection of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order [The crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Act on Special Cases Concerning the Punishment, etc.”) is not set.]

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