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(영문) 창원지방법원 2017.08.29 2017고단1777
공갈등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been in an internal relationship with the victim C (V, 49 years of age).

1. On August 18, 2016, the Defendant taken pictures of the form of sexual intercourse with the victim using a cell phone camera function in Changwon-si Eel 708 from around 22:32 to from around 22:47, 2016, in line with the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

Accordingly, the defendant taken the body of another person who could cause sexual humiliation or shame by using a mechanical device with a camera function against his will.

2. On February 16, 2017, at H office located in the G located in Seongbuk-gu, Changwon-si, Sungwon-si, Sungwon-si, the Defendant sent 7 copies of a photograph taken by photographing a sexual intercourse with the victim, such as the above paragraph 1, to the ISNS account of the victimized party, and if the victim did not pay the amount of the half-gu gift with the victim in the past, the Defendant distributed the photograph to the victim’s friendship.

In other words, they frightened.

On February 17, 2017, the defendant's account was delivered at around 19:10,000 won to the defendant's account on February 17, 2017.

Summary of Evidence

Application of Acts and subordinate statutes on photographic nature and photographic nature of each police record seizure protocol against Defendant 3’s legal statement C

1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 350 (1) of the Criminal Act concerning the crime (elective of imprisonment)

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

3. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that the injured person does not want the punishment of the accused, and has no criminal record or suspended execution

4. The community service order under Article 62-2 of the Criminal Act;

5. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

6. To determine the defendant who has registered personal information under Article 48(1)1 of the Criminal Act.

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