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(영문) 대구지방법원 경주지원 2018.09.12 2018고단287
협박
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around June 2017, the Defendant became aware of the Victim C (V, 19 years of age) and the voice Stockholm, through a mobile hosting app with the victim’s mobile phone around June 27, 2017, demanding the victim to send a dial-a-mail and a bareboat image to the victim with dial-a-mail after having run a dial-related business through a cellular phone and then borrowing it from the victim on or around July 27, 2017, and was in possession of the victim’s b body pictures and b body images through a cell phone “Kakao Stockholm” display from the victim on or around July 2017.

Now, the victim was refused from the victim, and thereafter, the victim had the attitude of avoiding himself, such as not receiving the phone of the defendant, and the victim had the aforementioned pictures and videos, with the intention of threatening the victim.

On August 2, 2017, at a place where it is difficult to identify the around 23:26 around August 2, 2017, the Defendant should inform the victim of a Kakao Stockholm “Yaooo Stockholm.”

By transmitting the message of “,” and posting the victim’s b body pictures and videos on a obscenity-sharing website, a obscenity-sharing website, thereby threatening the victim as if he were disseminated.

From that time to August 6, 2017, the Defendant threatened each victim on seven occasions in total, such as the list of crimes in attached Form 18:30, the summary of the evidence.

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Kakao Stockholm photographs by taking a bath in the Stockholm conversation;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 283 of the Criminal Act, the choice of punishment for the crime, Article 283 (1) of the Criminal Act, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The ground for sentencing under Article 62-2 of the Social Service Order Act / [the scope of final sentence due to the aggravation of multiple offenses (excluding the types of five types) of aggravated crimes (4 months to one year and six months) in the aggravated area (4 months to one year and six months).

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