A defendant shall be punished by imprisonment for not less than eight 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

1. On October 22, 2014, the Defendant taken a photograph of the Defendant’s house located in Seo-gu Daejeon, Seo-gu, Daejeon at around 07:06, and the Defendant’s house located in Seo-gu, Seo-gu, Daejeon at around 202, with smartphones to shower C (the age of 25) with a shower in the bath room, and a face of sexual intercourse with the Defendant for about two minutes.

As a result, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.

2. No person who violates the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection shall allow any person to reach another person repeatedly in the form of code, words, sound, image, or picture creating fear or apprehension through an information and communications network;

Nevertheless, at around 15:05 on November 5, 2014, the Defendant sent two copies of the victim’s balone photo taken by the victim’s cell phone, such as the victim C’s cell phone, on the ground that the victim is avoiding contact with the Defendant, and sent two copies of the victim’s balone photo taken by the victim’s cell phone as described in the foregoing paragraph (1) to the victim through the information and communications network until November 13, 2014, such as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes governing mobile phone messages;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crime, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 74 (1) 3 and 44-7 (1) 3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Confiscation.