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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is a taxi engineer, and the victim B (the victim B, the 48-year-old age) is a person boarding a taxi operated by the defendant on March 29, 2019, and the first flight is between the defendant and the defendant.
The defendant and the victim had sexual intercourse under the agreement at the Maurel where it is impossible to know the trade name around the So-gu, So-called So-called So-called Si.
1. From around 22:00 on March 29, 2019 to around 04:00 on March 30, 2019, the Defendant taken pictures of the victim using a mobile phone camera function, in which the victim’s body was possessed by the Defendant, while under the influence of alcohol, at the mother telecom, where it is difficult to know the trade name surrounding the So-called So-called So-called So-called So-called So-called So-called So-called “Ammera” (hereinafter “Ammera”).
2. On April 6, 201, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication medium) sent pictures that may cause sexual humiliation or aversion to the victim through a communication medium for the purpose of inducing or satisfaction of his/her sexual desire by transmitting one photograph of the victim taken after the victim’s bridge as described in the foregoing paragraph (1), along with a text message stating that “it is unnecessary to resolve that the victim did not receive a telephone,” at a place where it is difficult to know a place not exceeding 23:01 on April 6, 201, and that the victim would not receive the Defendant’s telephone.”
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Text messages;
1. A list of seizure and a protocol of seizure;
1. A report on the analysis of digital evidence;
1. Application of Acts and subordinate statutes to investigative reports (Evidence-Recording of voice messages);
1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 202; hereinafter the same shall apply) against criminal facts and Article 13 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a obscenity using a communication medium) (a point of using a communication medium);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;