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A defendant shall be punished by imprisonment for not less than eight 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
On August 23, 2014, at around 10:27, the Defendant sent the victim’s personal body pictures to the victim’s cell phone, which he had taken and kept by the victim, using the cell phone device, on the ground that the victim D (here, 39 years of age) did not reach the victim’s cell phone, thereby threatening him to post the victim’s personal body pictures taken and kept by the Defendant on SNS Pest, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made to D by the police;
1. Application of the Acts and subordinate statutes to the complaint;
1. Article 283 (1) of the Criminal Act applicable to the crimes and Article 283 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act is that the mental suffering and psychological apprehension caused by the instant crime appears to be very high, and that the victim wants to punish the Defendant, it is necessary to punish the Defendant strictly.
However, in this court, the defendant acknowledges his mistake and reflects that he will not repeat the victim again, that the defendant has no criminal record for the same kind of crime, and that there is no other criminal record for the defendant, the relation between the defendant and the victim of the crime of this case, the circumstances of the crime of this case, the age, tendency of the defendant, circumstances after the crime, etc., and the sentencing conditions stated in the arguments and records of this case are considered, but the execution of the sentence shall be suspended for a certain period of time and the probation shall be imposed for the effect of the substantial punishment,