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

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.

Punishment of the crime

No person shall distribute, sell, lease, provide, or openly exhibit or show any photographic or reproduction in contravention of his/her will, even if the act of photographing another person's body, which may cause sexual humiliation or sense of shame, by using a camera or any similar mechanism, does not go against the will of the person subject to photographing at the time of photographing.

Nevertheless, on February 21, 2020, from around 13:30 to 15:29 of the same day, the Defendant sent 30 files, such as “D” recorded in the list of annexed crimes, such as “D,” in which the victim C (a name, leisure, 33 years old) sexual intercourses with the male and female, to a large number of unspecified people, without the consent of the injured party, using “toet”, a P2P program.

Accordingly, the Defendant distributed videos, which taken the body of a person who may cause sexual humiliation or shame, against the will of the person to be taken.

Summary of Evidence

1. One copy of each of the defendant's legal statement, the report on analysis of the unlawful photographing of water (afusing photographs after capturing the defendant's legal statement) case, the list of records, and the statement of transfer;

1. Data on replies;

1. Each investigation report (related to the E’s illegal shooting/sene program) with respect to each investigation report (related to a suspect’s specific background/ search of his/her residence related to the verification of the storage location of illegal video works among the seized details) is governed by the statute;

1. Article 14 (2) and Article 14 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 17264, May 19, 2020) applicable to the crime and the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes selected to commit a crime (elective of imprisonment)

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

1. The case is a video recording that the accused distributes the grounds for sentencing under Article 48(1)2 of the Criminal Act, which is set forth in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.