A defendant shall be punished by imprisonment for not less than eight 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

On August 23, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) at the Daegu District Court, and the judgment became final and conclusive on April 22, 2017.

From March 2015 to March 3, 2015, the Defendant was operating a so-called so-called “C” company, which connects a nudd model with a photographic intent from the third floor of the Daegu-gu building B.

On April 2015, the Defendant, at the above “C” office and Switzerland, taken a photographic photo of the victim D (hereinafter “E website”) to the effect that “the photographic photograph is not leaked to the general public, but is limited only for publicity purposes.” Moreover, the Defendant agreed to the effect that the model would be possible to decide whether to disclose it depending on who is the other photographer or entertainment.” The Defendant paid the victim KRW 300,000 to the victim a total of KRW 3 million, while paying the victim a total of KRW 10,000,000 to the victim, and then sold the victim’s nudic photo taken on the “E website” operated by the Defendant with KRW 100,000 per month admission fee and KRW 60,000 per month.

Accordingly, the Defendant did not go against the victim’s will at the time of photographing, but subsequently displayed and sold the photographing materials openly against the victim’s will.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Legal statement of witness D;

1. Reporting of, nudity photographs from, cyber crimes;

1. Each report on investigation;

1. Previous records of judgment: Criminal history records, investigation reports (verification of latter concurrent crimes in Article 37 of the Criminal Act), application of Acts and subordinate statutes to investigation reports (verification of suspect judgment);

1. Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 15977, Dec. 18, 2018) and Article 14(2) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.