A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Criminal facts

In 2015, the defendant came to know of the victim C (n'e, 41 years of age) who is a female by the introduction of the defendant's friendship D, and continued to demand divorce from the victim during the period when the defendant was in a relationship with the victim with the internal relationship, but the defendant was refused to do so, resulting in conflicts with the victim.

At around 16:28 on August 13, 2016, the Defendant sent a f message to E using a smartphone to the victim’s rear-time, using the victim’s front body photo where the victim’s chests were exposed, and the victim’s chests were exposed, at around seven times in total from around 18:00 on the same day to around 18:00 on the same day, the Defendant sent the two copies of the above photograph to the Defendant’s branch, the victim’s husband, etc., by using a smartphone, on the ground that the victim avoided contact with the Defendant.

Accordingly, the Defendant provided others with taking photographs of the victim’s body, which may cause sexual humiliation or shame, against his will.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Seizure records;

1. Investigation report (as to the background of the victim’s investigation support)

1. Investigation report (verification of the F message sent by the suspected person);

1. Investigation report (the confirmation of the message received by the victim from his/her dependent);

1. Application of the Acts and subordinate statutes (as a result of the ethic analysis)

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the provision of photographs, such as cameras, etc.);

1. Selection of each sentence of imprisonment;

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 32(1) and (2), and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit by which an application for compensation is dismissed.