208 Highest 6457 A. Violation of the Punishment of Violences, etc. Act (joint conflict)

(b) Violation of Information and Communications Network Promotion Act;

1. Al (91years, Females, Students) and students;

2. A2 (Age 89, Residual) Any person of special military service;

Han Dong-hun

Attorney Cho Jae-il (the national election for the defendant A1)

Law Firm International Law Firm, Attorney Lee Han-seok (A2, Counsel for the defendant-appellant)

December 29, 2008

Defendants shall be punished by imprisonment for eight months.

With respect to Defendant A1, 55 days of detention days prior to the issuance of this judgment shall be included in the above sentence against Defendant A2.

However, the execution of the above punishment against the Defendants is suspended for two years from the date the judgment became final and conclusive. The Defendants are subject to probation and are ordered to provide community service for 80 hours each.

Facts of crime

At around 14:30 on June 19, 207, Defendant A1 and Defendant A2 had had sexual intercourse with Defendant A1 by attracting the victim V (the age of 27) who had met through Internet-backed marketing, and had sexual intercourse with minors, and had sexual intercourse with Defendant B, C, D, and gathered money against the victim.

1. The co-principal of the defendant A1 and A2;

(a) Violation of Information and Communications Network Utilization Promotion Act;

피고인들은 위 B와 공모하여 2007. 6. 20. 06:46경 부산 사하구 하단2동에 있는 원룸 앞 노상에서 피고인 A2는 피고인 A1에게 지시하고, 피고인 A1은 자신의 휴대전화를 이용하여 위 V의 휴대전화로 "당신 내 동생 몸에 손을 댔다네요, 생각 있으니까 건드려겠죠, 각오하세요."라는 문자메세지를 전송한 것을 비롯하여 별지 범죄일람표 기재와 같이 그때부터 2007. 6. 25. 06:00경까지 총 17회에 걸쳐 공포심이나 불안감을 유발하는 문언을 반복적으로 상대방에게 도달하게 하였다.

(b) Violation of the Punishment of Violences, etc. Act;

At around 20:00 on June 28, 2007, the Defendants jointly with the above D, Defendant A1 reported to the police about the fact that he had a minor sexual intercourse with the victim at the head of Busan Symoid store. Defendant A2 added it to the above, and Defendant A2 called “as soon as he has to do”. The above D was issued 270,000,000 won from the victim of food, who was frighting from the next place, and got the victim to do so.

2. Defendant Al;

On June 25, 2007, the defendant jointly with C, D, and B refers to the purport that the defendant is identical to the above preceding paragraph to the victim, and the above C, B, and B, which were next to the defendant, have been written an appearance, and "I have a cruel effect with the minor, and the minor has reported to the minor at the time of demanding money, and there is a 16 million won in agreement." The above D refers to the body of the defendant, "whether it would have been done because it was done similar work," and the above D was " why it was done because it was done," which was received from the victim who was frighting to drinking.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Article 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Article 65(1)3 and Article 44-7(1)3 of the former Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (Amended by Act No. 8778, Dec. 21, 2007); Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Code

1. Suspension of execution;

Article 62 (1) of the Criminal Code ( normal consideration, such as the defendant's agreement with the victim and reflects his fault in depth, the age of the defendant, etc.)

1. Probation and social service;

It is so decided as per Disposition for the reasons under Article 62-2 (1) of each Criminal Code.

Judges Lee Jin-jin