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(영문) 수원지방법원 안양지원 2019.09.05 2019고단1282
협박
Text

A defendant shall be punished by imprisonment for one year.

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

Around November 2018, the Defendant was able to intimulated with the victim B (the name, the 22 years of age) and the victim had a photograph taken to put the Defendant’s sexual organ into the body of the Defendant, with a view to threatening the victim to spread his photograph unless the victim talks again.

피고인은 2019. 2. 19. 01:50경 안양시 동안구 C아파트 D호에 있는 피고인의 집에서, E 메시지를 이용하여 피해자에게 '씹으면 사진 안양에 다 퍼트릴게, 다른 사람한테 말해 봐, 안양에 쫙 퍼트릴게, 장난 같지 퍼뜨리기 전에 혼자 답장해. 너 혼자 답장하면 봐준다'라는 내용의 메시지 및 위 사진을 전송하여 피해자를 협박하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to B (tentative name);

1. Investigation report (Analysis of articles seized);

1. The police seizure record and the list of seizure;

1. Application of the Acts and subordinate statutes to a photographic file with the suspect who has submitted the victim's E-mail conversations with the suspect;

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. A normal condition unfavorable to the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The Defendant distributed a sexual relation photograph on the ground that the female-friendly group does not reply to contact, thereby threatening the victim, and the nature of the crime is very bad.

around 2017, the defendant has been sentenced to a fine for violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

The victims appeal for mental suffering and are punished by the defendant.

A favorable circumstances: The defendant is recognized as committing a crime and is against the defendant.

The FRab, etc. with the victim's photograph stored, deleted all the accounts, and did not leak the victim's photograph to the outside.

There is no other force on criminal punishment except for one fine as above.

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