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(영문) 서울남부지방법원 2018.11.23 2018고단3446
협박등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. The Defendant of intimidation, from January 25, 2018 to January 26, 2018, to January 08:00, 2018, the Defendant would give KRW 200,000 to the victim C (hereinafter “B”) with a “B” message and “B” message.

In the event that the victim does not send the victim’s b body pictures using “B” and “D” after receiving five copies of his b body pictures from the victim’s victim’s b body pictures, the message sent to the effect that the above b body pictures and personal information were circulated to the victim’s friendship, family members, etc. or that the Internet site “B sent to the unspecified majority” via “E.

The victim threatened the victim.

2. Violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity);

A. On January 27, 2018, the Defendant was refused to send a photo from the victimized person at any place and around 02:48, and the Defendant sent the photo to the victimized person’s friendly F of the victimized person’s ties by using the “B” account to have the victimized person send the photo hysingly and uneasiness.

B. On January 28, 2018, the Defendant sent B body photographs received from the victimized party through the “D” account for the same reason to the victimized party-friendly G.

Accordingly, the Defendant distributed the victim’s b body photographs, which may cause sexual humiliation over twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Details of text messages, and application of the Acts and subordinate statutes for reporting internal accidents;

1. Relevant legal provisions of the Criminal Act and Article 283(1) of the Criminal Act (the point of intimidation, the choice of imprisonment), Articles 74(1)2 and 44-7(1)1 of the Act on Promotion of the Utilization of Information and Communications Network Utilization and Information Protection, Etc. (the distribution of obscene materials, including the point of distribution of obscene materials, the choice of imprisonment with prison labor);

1. The Defendant, on the grounds of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, deceiving the victim, who is a juvenile, to pay money if he/she forwards his/her photo to the victim.

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