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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1432
협박등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 22:00 on March 19, 2018, the Defendant told C (Woo, 17 years of age) a victim who had returned home to the Busan Shipping Daegu B, and, without any justifiable reason, said C (Woo, 17 years of age) that “I must do so, she will do so,” and the victim reconcilates the defect “Ibru”.

Chewing years, malno, cut, and Chewing years, she took action that seems to be able to see the victim by drinking the victim.

Accordingly, the defendant threatened the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the statutory statements made by C and D to the witness C;

1. Relevant Article 283 of the Criminal Act concerning facts constituting an offense, Article 283 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and the circumstances after the crime are committed shall be comprehensively considered in determining the sentence as ordered by the Criminal Procedure Act, taking into account the following factors: (a) the period of sentencing under Article 334(1) of the Criminal Procedure Act: (b) the Defendant’s age, sexual conduct, environment; and (c)

Parts of innocence

1. On March 19, 2018, around 22:00, the Defendant: (a) used the mother of C (Min, 17 years old) and C in the front of Busan Shipping Daegu, Busan, for drinking to 3-4 times; (b) used the mother of C (Min, 17 years old) and C for drinking to 3-4 times; and (c) used the Defendant’s sexual organ towards 10 times thereafter.

Accordingly, the Defendant publicly committed an obscene act.

2. Determination

A. Article 245 of the relevant legal doctrine provides that “a person who publicly commits an obscene act” shall be punished as a crime of obscene performance.

In this context, the term “obscenity act” refers to an act contrary to the concept of sexual morality by stimulating ordinary people’s sexual desire, causing sexual interest and impairing normal sexual humiliation.

The crime is not a subjective objective of sexual intercourse, satisfaction, etc., but a subjective perception of sexual obscenity is sufficient.

On the other hand, however,

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