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(영문) 대구지방법원 김천지원 2019.04.30 2018고단1381
특수상해등
Text

Defendant shall be punished by imprisonment for a term of one year and four 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 between the victim B (n, 20 years of age) and the victim B.

1. Around April 8, 2017, the Defendant suffered special injury: (a) the Dobong-gu Seoul Metropolitan Government Officetel D; and (b) the Defendant was a prokin, which is a dangerous object in the instant house with the victim, and was in danger in the instant house with the victim, and (c) the victim was placed in an open room for the head part requiring approximately two weeks medical treatment.

2. Around July 19, 2017, the Defendant attempted to compel the Defendant posted a victim’s body photograph, which was taken by the victim, on the ground that the victim would teach another male system, in the Defendant G without the consent of the victim, on the ground that the victim would be an educational system with another male system. The victim, who became aware of this fact, was forced to resist the Defendant by telephone.

Since the Defendant has a body photograph and a video file of the victim's body body, the Defendant continued to post the victim's body photograph, etc. on the Internet without his own request, thereby threatening the victim as if he were to post them on the Internet, he saw the victim as a new male-gu and his body, did not repay the loan money to the victim, did not cut off the contact information of the Defendant, and demanded the victim to leave and come up with the Defendant's domicile, but the victim did not follow the requirements of the Defendant even though she saw

Accordingly, the defendant attempted to cause the victim to perform a non-obligatory act by intimidation, but did not achieve that intention, but did not commit an attempted act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to recording records, certificate of bodily injury, and portrait photographs;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1), and 324-5 and 324 (1) of the Criminal Act concerning the crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Social services;

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