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(영문) 서울남부지방법원 2018.12.19 2018고단5533
강요미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 23, 2017, the Defendant came to know of the victim B (here, 17 years of age) through a "person who is string of smartphones" around 09:07, and had the injured party keep the pictures containing parts of his or her body, such as his or her sexual flag and chest, due to sexual self-defense.

그 후 피고인은 ‘ 낯선 사람’, ‘ 앙 톡’ 등 채팅어 플을 통하여 피해자에게 “ 인터넷에 올려 줄 겡”, “ 페 북스타 되겟네

By sending the message, “,” etc., sent a message to the victim that the victim would spread the message without having a sexual intercourse with him.

As a result, the defendant tried to threaten the victim to have the victim do an non-obligatory act by having the victim establish a sexual intercourse with the defendant, but the victim reported and attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on hosting content materials;

1. Relevant Article 324-5 and Article 324 (1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. In light of the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act on the grounds of the suspended sentence is for the instant crime; (b) the background and content of the instant crime; and (c) the means of intimidation or minors; and (d) the nature of the relevant crime is not very good; and (c) the victim cannot be deemed to have no damage; and (d) the Defendant’s punishment by fine is inappropriate

However, in determining the specific punishment, there is no evidence to regard the acquisition of the photograph as having been actually distributed, and there is no record of criminal punishment other than a fine prior to a punishment due to a drinking driving, the defendant's age, career, health status, family relationship, etc., which are favorable to or unfavorable to the defendant in the oral proceedings such as the defendant's age, career, family relationship, etc., and the punishment was determined as ordered.

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