촬영물등이용협박죄에 대한 연구 ― 기망에 의한 협박의 경우를 중심으로 ―

The Crime of Intimidation by Using Photograph, etc. is a crime that can infringe on the victim's intention to make sexual self-determination, and is more dangerous than the crime of intimidation under the criminal act. Accordingly, “Act On Special Cases Concerning The Punishment Of Sexual Crime” stipulated that Intimidation by Using Photograph, etc. was a crime. In order to apply this crime, illegal photograph material must have been generated. In addition, the suspect must use this to intimidate the victim. However, at the police investigation site, there are frequent cases of suspects defrauding victims and intimidating them even though illegal photograph material has never been produced. In this case, the Supreme Court is in the position that the Crime of Intimidation by Using Photograph, etc cannot be applied. This study concluded that a regulation is necessary to punish those who intimidated to create illegal photograph materials by defrauding them, in order to the necessity of protecting victims and the purpose of enacting these regulations. Furthermore, if the victim is children and youth, more substantial damage is expected, so it is necessary to stipulate it in the “Act On The Protection Of Children and Youth Against Sex Offenses”.