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(영문) 대전지방법원 2017.04.20 2017고단536
협박
Text

A defendant shall be punished by imprisonment for six 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

On June 26, 2016, the Defendant became aware of the victim C (V) through a mobile phone display called “scaming”, and was sent a victim’s b body photograph during the process of dialogueing the Kakakao Stockholm.

On July 2016, the Defendant, on the ground that the Defendant posted a conversation that the Defendant would have sought male-friendly implements on the aforesaid “scaming”, sent the victim a Kakakao Stockholm message by affixing the victim’s body pictures and self-deficial images, etc., and distributed the two pictures without sending them to the victim’s 00 medium, etc., or sent the message to the victim’s reputation, etc., to the twitter, page North, etc., and thereby threatening the victim by showing the attitude that the Defendant would have undermined the victim’s reputation, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the head of the accusation and related photographs (additional submission of the content of the Kakao Stockholm conversation);

1. Relevant Article 283 of the Criminal Act concerning the facts constituting an offense and Article 283 (1) of the Criminal Act concerning the selection of punishment;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the Defendant’s age, occupation, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions of various sentencing as shown in the instant arguments shall be comprehensively considered and determined as ordered.

D. Unfavorable circumstances: The crime is very poor due to intimidation against the female under the age of the victim, the mental suffering of the victim seems not to have been written, the normal circumstances that are favorable for the victim to have not been taken by the victim: the confession and reflect; the fact that the victim did not have a photograph of the body; the fact that the victim has no record of criminal punishment; and the first crime that there was no record of criminal punishment.

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