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A defendant shall be punished by imprisonment for not more than ten 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.
Reasons
Punishment of the crime
1. On August 8, 2016, at around 23:50, the Defendant, at around 23:50, had a sexual intercourse with a name-free person known through fluordd in the mutual influorial telecom located in the Sungnam City’s Maol, taken pictures of the Defendant’s sexual intercourse with a body using smartphone images at the time of the Defendant’s Samsung Ggal luxe, and posted the pictures on “E” on August 10, 2016.
2. On October 25, 2016, around 23:50 on October 25, 2016, the Defendant, while taking a sexual intercourse with a name influorous person known through fluord in the mutual influorial telecom located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, taken pictures of the shape of the Defendant’s sexual intercourse with a body using a smartphone video image function at the Defendant’s Samsunggal juthy, and posted the photograph on the “E” on November 21, 2016.
Accordingly, the Defendant taken photographs of another person’s body, which may cause sexual humiliation or shame over twice, against his will, and displayed the taken objects openly.
Summary of Evidence
1. Statement by the defendant in court;
1. The application of Acts and subordinate statutes to letters and photographs posted by each suspect A on a obscene material site;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes (Selection of Imprisonment with prison labor);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children’s Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism; profits and preventive effects expected from the disclosure order and Notification Order; disadvantages and side effects therefrom, etc. shall not be disclosed or notified.