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(영문) 서울서부지방법원 2015.09.24 2015고단1958
협박등
Text

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

The Defendant was in an internal relationship between the victim C (n, 49 years of age) and November 2014.

From around July 13, 2015 to around July 17, 2015, the Defendant sent the victim’s balone photo, such as the victim’s sexual body part, taken with the victim’s consent during the period in which the victim conspireds with the victim at his/her residence, and three copies of the Defendant’s sexual body photo to the victim’s cell phone, and sent the victim’s her husband E, child F, and self-devisive photo to the victim’s cell phone.

As a result, the Defendant distributed photographs of the victim’s sexual organ, etc., which might cause sexual humiliation or shame against his/her will, and at the same time, sent pictures that may cause sexual humiliation or aversion to the victim, etc. through mobile phones for the purpose of meeting the Defendant’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation report (Preparation of a written statement by a complainant and attachment of letters, and confirmation date A sent pictures and letters to relatives, such as the victim's family members, etc.);

1. Articles 13 and 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (a point of obscenity using each communication medium);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is obligated to submit

The age of the defendant who is ordered to disclose or notify personal information.

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