A defendant shall be punished by imprisonment for not more than ten 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

No one shall distribute, sell, lease, provide, openly exhibit or screen photographs taken by a person's body, which may cause any sexual humiliation or sense of shame, using a camera or similar mechanism, against the will of the person subject to shooting, and distribute, sell, lease, or openly display any obscene code, words, sound, image, or picture through an information and communications network, with the content of distributing, selling, leasing, or openly display any obscene code, words, sound, image, or picture.

On August 8, 2015, the Defendant: (a) taken a sexual intercourse with the victim under the name of the victim, which was known through the mutual influenite Ma-dong in Eunpyeong-gu Seoul, and through the smartphone hosting display, using the Defendant’s cell phone device with the inside of the camera function, taken the victim’s chest and negative part.

On August 6, 2015, the Defendant connected “C”, which is an Internet site, to AD, and AD, to AD, AD, and ADE, and displayed an obscene image, etc. via an information and communications network, by posting a copy of the victim’s photograph on “F” on the bulletin board of the said website, which was taken by the victim as above, as seen above, under the title “F”. The Defendant displayed a copy of the victim’s photograph on the upper part of the chest and a copy of the sound book, which could cause sexual humiliation or shame against the victim’s will, and displayed openly the victim’s body by openly displaying it against the victim’s will.

Summary of Evidence

1. Defendant's legal statement;

1. C’’ Internet website photographs attached to the suspect interrogation protocol of the defendant against the prosecutor;

1. Application of Acts and subordinate statutes to investigation reports (related to the attachment of photographs posted on obscene materials sites by a suspect after illegally photographing them);

1. Article 14(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 15977, Dec. 18, 2018) (which means the display of photographs using carmeras) against criminal facts, and the promotion of the use of information and communications networks.