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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant committed a crime on December 12, 2014, with a sexual intercourse with the victim D while under the influence of alcohol in Busan East-gu C and 204 around December 12, 2014, around 03:00.
Using his mobile phone camera, the victim's known body that could cause sexual humiliation or sense of shame was taken down without the consent of the victim.
On December 12, 2014, at around 10:00, the Defendant sent a photograph taken as above to the Kakao Stockholm, which is a member of the bicycle club, to the Defendant, E, F, G, and H, and distributed the photograph.
2. On December 14, 2014, around 13:00 on December 14, 2014, the Defendant, at the place indicated in paragraph (1) around 13:00 on December 14, 2014, viewed the victim’s body in a bath room after sexual intercourse, the Defendant taken the victim’s known body that might cause sexual humiliation or shame using his cell phone camera, without the victim’s consent.
On December 14, 2014, at around 16:00, the Defendant sent a photograph taken as above to the Kakao Stockholm, which is a member of the bicycle club, to the Defendant, E, F, G, and H, and distributed the photograph.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Application of each police protocol of statement to D and H
1. Relevant Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, including the fact that the defendant shows the attitude of misleading and opposing the defendant, the agreement with the victim
1. Where a conviction becomes final and conclusive on the criminal facts subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall be subject to Article 42(1) of the Act on Special Cases concerning