A defendant shall be punished by imprisonment for six 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 April 20, 2015, the Defendant posted and openly displayed a sexual relation photograph with the victim E (n.e., 47 years old) and the victim’s sexual image on the Internet website “F” against the victim’s will in favor of the victim, taken by using the victim’s 5S camera in the D office located in the window C of Changwon-si, Changwon-si.

2. On August 18, 2016, at around 10:32, the Defendant posted and openly displayed the images and pictures of sexual intercourse with the above victim E, sexually related to the victim, other victim G (V, 47 years old), which he/she held at the same location as that of paragraph 1, on August 18, 2016, on the said “F” website against the victim’s will.

Summary of Evidence

Application of the photographic Acts and subordinate statutes to the defendant's legal statement Fweb page to the defendant

1. Article 14 (2) and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes (Optional to Imprisonment);

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

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

4. The reason for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is that the victim does not want to be punished or does not express his/her intention to actively punish him/her.

However, the defendant posted a photograph on the Internet with a high radio wave, the level of his body exposure is very high, and the defendant has been punished for a crime of spreading obscene materials even in 2012.

In addition to these circumstances, the sentencing conditions specified in the records and arguments of the instant case shall be determined as ordered by considering the overall sentencing conditions.

Where a conviction against a defendant who has registered personal information becomes final and conclusive, the defendant shall be subject to the registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and shall have jurisdiction over his/her domicile in accordance with Article 43 (1) of the same Act.