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(영문) 수원지방법원 2017.04.28 2016고단8021
강요
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 March 2016, the Defendant became aware of the victim B (here, 15 years of age) through the “connection with the string of smartphones”, and received the victim B (here, 15 years of age) from around that time to early May 2016, and transmitted the victim’s unknown body pictures with one another while holding the string with the victim from around that time to early 2016.

1. On May 2016, the Defendant forced the Defendant to capture the Defendant’s body pictures from the victim’s Kakao Stockholm’s office located in Suwon-si, Suwon-si, Suwon-si, to the school using the Defendant’s Kakao Kakao Stockholm’s office.

“The victim’s body photograph was transmitted from the victim’s Kakao Stockholm during the period from around 201 to around 2016 to around 30 Kakao Stockholm.

In this respect, the defendant threatened the victim to perform an act of non-performance of obligation.

2. On October 14, 2016, the Defendant attempted to compel the Defendant to communicate the victim with the Kakakao Stockholm Stockholm at the above “D office” and sent a photograph of his body about three times a week until November 2016, and changed the video call. Unless otherwise, the Defendant’s photograph of his body sent prior to the spread of the victim’s body on the Japanese website.

“In spite of intimidation, the victim did not clearly state that he/she would refuse and report such intimidation.”

Accordingly, the defendant attempted to threaten the victim to perform an act that does not have a duty, but did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to characters and photographs;

1. Relevant Article 324(1) of the Criminal Act, Articles 324-5 and 324(1) (the point of coercion) of the Criminal Act, Articles 324-5 and 324(1) of the Criminal Act, and the choice of imprisonment for a crime;

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 (The favorable circumstances considered as the following reasons for sentencing) 1.

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