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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. A quasi-indecent act: (a) around 23:00 on July 19, 2014, the Defendant committed an indecent act by force against a victim E (55 years of age) who dices alcohol in Seongdong-gu Seoul (55 years of age) under the influence of the victim E (55 years of age) who dices alcohol at the bed, and on his/her hand, committed an indecent act by force against a victim in an incompetuous state, such as the victim’s sexual organ rain.
2. The Defendant, in violation of the Act on the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.), took photographs of the Defendant’s cell phone camera function in possession of the Defendant at a time and time, against the victim’s will, such as paragraph 1, on the screen of video images, twice.
Accordingly, the defendant taken a photograph of the victim's body against the victim's will that could cause sexual humiliation or shame by using a camera.
3. Around May 24, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) sent two audio images taken by using a mobile phone from the Defendant’s home located in Seongdong-gu Seoul Metropolitan Government to the mobile phone of the victim G, who is his/her father, in accordance with paragraph (2).
As a result, the Defendant sent to the victim images that may cause sexual humiliation or aversion using mobile phones with intent to arouse or satisfy his or another person's sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the police statement related to G;
1. Details ofH dialogue and a photograph attached, and a video file sent by the defendant;
1. Photographss by reporting internal affairs (Attachment of photographs) and by capturing a dynamic image;
1. Investigation report (or relative investigation by witnesses E);
1. To report criminal investigations, to record, and to the application of statutes in writing;
1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a crime committed by force), and Article 13 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a crime committed with obscenity, etc.).