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(영문) 대전지방법원 홍성지원 2019.03.27 2018고단937
협박
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2018, the Defendant was aware of the Victim C (A, 14 years old, name) and D through the Internet hosting display of “B” in the middle of March 2018, and the contact was divided into D.

The defendant is doubtful that the victim was living together with another male during his nurturing himself, and that the victim was possessing a photograph of the victim's body and the sexual organ with the photograph of the victim, who did not comply with the victim's sexual relation as requested by him, was sentenced to threatening another person to spread the above photograph.

On April 26, 2018, at around 23:29, the Defendant made a phone call with the victim at the residence of the F University dormitory G of the F University Sinnam E, and the Defendant threatened the victim as follows: “I wish to send the victim a photograph of the test taken by the victim to the f.e., the victim’s f., “I will speak to the f.e., sexual intercourse, or continue to sexual intercourse with f.e., sexual intercourse with f., to the f.e., the victim’s f., the victim’s b.m.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes on mobile phone calls;

1. Article 283 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (The first offender, the anti-sexuality, the harm and danger notified has not been realized, the relatively burning of it has a high room for edification and improvement, and the circumstances favorable to the social ties are clear);

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