정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On January 17, 2020, the Defendant was sentenced to 8 months of imprisonment for fraud in the branch court of the Daegu District Court, and the sentence became final and conclusive on January 29, 2020. However, in the Daegu Prison, the Defendant was still serving in the appellate court at the Daegu District Court on April 29, 2020 after being sentenced to the suspension of the execution of the sentence on April 29, 2020.
【Criminal Facts】
On May 15, 2018, the Defendant was hospitalized in C Hospital located in Daegu Seo-gu B for rehabilitation treatment, and received physical therapy by September 2018. The victim D(n, 26 years of age) was a physical clinic of the above hospital, who was in charge of physical therapy of the Defendant, and developed into an internal relationship.
1. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (carmers and photographs);
A. On November 21, 2018, at around 22:40, the Defendant taken pictures of a sexual intercourse without the consent of the victim, using a cell phone camera function in which the Defendant was in possession of the victim from the following side, while the victim was satisfing a sexual intercourse with the victim, from the F loan G, which is a victim’s residence in the Daegu-gu Office E, Daegu-gu.
B. On November 23, 2018, at around 23:48, the Defendant, at the victim’s place of residence, at the place specified in paragraph 1(a) of the same Article, taken pictures of the victim’s sexual organ that was diving in the bed with the victim’s sexual intercourse with the victim upon termination of the sexual relationship with the victim, using the cell phone camera function in which the Defendant was holding and without the victim’s consent.
As a result, the defendant taken the body of the victim who could cause sexual humiliation or sense of shame through the use of a camera or other devices with similar functions twice in total.
2. Any person who violates the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. shall repeatedly make use of the codes, words, sound, image, or motion picture that arouses fear or apprehensions through information and communications networks.