However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1. 피고인은 2018. 1.경 창원시 B에 있는 피고인의 주거지인 ‘C’ 오피스텔 D호에서 술집에서 처음 만나 함께 자신의 집으로 온 피해자가 잠이 든 사이에 휴대전화를 사용하여 하의를 입지 않아 나체 상태인 엉덩이를 동의 없이 촬영하고, 위 사진을 휴대전화에 보관하여 오던 중, 2018. 10. 28. 03:15경 인터넷 사이트 ‘E’ 내 ‘F’ 게시판에 “꽐라된 여사친 ㅇㄷㅇ” 라는 제목으로 위 사진을 게시하였다.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will, and posted the photograph on the Internet site to distribute it.

2. On April 18, 2018, the Defendant: (a) around 03:30 on April 18, 2018, posted four copies of the victim’s b body photo taken from the video as “G” on the bulletin board of “F” on the website around October 28, 2018, by using a cell phone without the Defendant’s consent, to view the cremation in the state where the victim’s name and body, which first come to the burled with the burg, from the burgian conference located in the uppernam-dong, Changwon-si, Changwon-si, and to take the image using the cell phone without his/her consent.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will, and posted the photograph on the Internet site to distribute it.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. The provisions of Acts and subordinate statutes concerning suspect distribution notices, access tracking materials, investigation reports, detection of illegal photographing materials, and the application of the Acts and subordinate statutes;

1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “Sexual Crimes Punishment Act”) and the selection of imprisonment for a crime

1. Article 37 of the Criminal Act aggravated for concurrent crimes.