Text
1. The defendant shall be punished by imprisonment with prison labor for eight months;
2. The defendant shall complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
1. On November 21, 2015, the Defendant taken pictures of the body of the victim who could cause sexual humiliation or sense of shame using devices similar to the camera at the Defendant’s home located in Yongsan-gu Seoul Metropolitan Government building 102 Dong 2611, using mobile phone camera functions, so that the victim may not know of sexual intercourse with the victim E (n.e., 28 years of age).
2. From August 2016 to the early December 2016 of the same year, the Defendant posted a sex-related video (on the fIF file) recorded as above on the bulletin board of the website “F” to openly exhibit the above photographed materials.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement protocol by the police for E;
1. Application of each electronic file statute contained in evidence CDs;
1. Relevant legal provisions of the relevant Act and the former part of Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes for the crime, the latter part of Article 14(1) (a) of the same Act (a display of photographs, etc.) and the latter part of Article 1
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. Reasons for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
1. A favorable circumstances: The defendant's wrong and reflects the defendant's wrong, and the defendant has no criminal history;
1. Unfavorable circumstances: The crime of this case is a sex crime subject to registration and submission of personal information in consideration of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstance after the crime, etc.