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A defendant shall be punished by imprisonment for not more than ten 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 was taking part in the Plaintiff’s bridge at the Victim E (V, the age of 45) and the F Mountain Association on September 2013.
1. On October 23, 2013, the Defendant demanded to return KRW 2,80,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.
Accordingly, the victim's failure to comply with the demand of the defendant, the defect that the victim intends to go out of the coponer, and the defendant detained the victim about 35 minutes of cash entrance to the above 35 minutes of cash entrance, by taking the hand so that the victim may not leave until he receives money, and by preventing the victim from leaving the entrance, and by blocking the entrance.
2. Around 06:35 on November 11, 2013, the Defendant sent the victim’s photograph taken in a manner that the victim E remains together with the Defendant’s wife at an insular site, and the victim E remains together with the Defendant’s body body and face, thereby covering only the Defendant’s body and face, to the victim’s son’s cell phone.
Accordingly, the defendant provided the body of the victim who could cause a sense of sexual humiliation against his will, and provided the photograph taken against his will.
Summary of Evidence
【Fact of Paragraph 1 at the Time of Sales】
1. Partial statement of the defendant;
1. Each legal statement of witness E, H and I;
1. Recording recording (No. 40);
1. The sound for the reproduction of a recording file CD (the fact of paragraph (2) in the market);
1. Defendant's legal statement;
1. E prosecutorial statement;
1. Investigation report (including attachment of photographs of the complainant) (including attachment photographs);
1. Application of the Acts and subordinate statutes to the photographs of text messages (number 6);
1. Relevant provisions of the Criminal Act, Article 276 (1) of the Criminal Act, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Criminal Act, the suspension of execution;