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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant joined an individual file (such as video, image, document, etc.) as a DNA “C” or an undisclosed “D” on the Internet website B with which he/she shares the file.
In addition, on July 9, 2017, by using computers installed in the Sinsan-dong-gu E apartment and 602 Dong-dong 815 residential areas around 13:53 and around 602 Dong-dong 815, the files “mp4” was transmitted by a male hacking who is suitable for women’s bullying bullying.
The transmitted file is a video recording made by a person whose external name is not known, who intrudes the IP camera installed in the victim F's residence, and dives the victim G and F's sexual intercourse.
After the implementation of the program B, the video was stored in the computer hard disc owned by Defendant, and was distributed to many unspecified persons using the same program.
Summary of Evidence
1. Partial statement of the defendant;
1. Some of the statements made against the Defendant in the police interrogation protocol [The police interrogation protocol against the Defendant acknowledged that the Defendant, according to the police interrogation protocol against the Defendant, charactered the creation of a co-owned franchise in the past. From June 2017, when a video is downloaded from the “B” set up in the instant “B,” the points were filled with, and the points were used when the video is downloaded.
(f) a statement.
In full view of these circumstances, the Defendant appears to have known the fact that he received the video of this case from a downloading the video of this case was immediately co-owned to another person around July 9, 2017, and thus, there was an intention to distribute the video.
【Recognition】
1. Application of the Acts and subordinate statutes to investigation reports (the results of response by 65 opportuns of obscene videos and videos);
1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. A fine of 1.5 million won to be suspended;
1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;
1. The Criminal Act of suspended sentence;