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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
1. On January 1, 2020, the Defendant taken a video image of a victim of sexual harassment using a camera function of a smartphone, which was in a sexual relationship with the victim B (V, 40 years old) who was in a sexual intercourse with the Defendant, from the first police officer in the vicinity of the camping station in Sungnam-si, Sungnam-si. The Defendant taken a video image of the victim of sexual assault.
Accordingly, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
2. Around 20:05 on January 25, 2020, the Defendant threatened the victim with the Kakakakao Kakao Kakao Kakaoma with the Defendant, who was in dispute with the Defendant, with the message stating that “I have to know as soon as I have come to know rather than his her son.” The Defendant sent the sexually related video taken by the victim to the victim, as in the preceding paragraph, and threatened the victim with the Defendant’s parents, as if I had the sexually related video taken by the victim, as in the preceding paragraph.”
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. Records of seizure and the list of seizure;
1. Application of Acts and subordinate statutes to accusation forms, investigative reports (videos and messages transmitted by a suspect to the victim), Kakao messages, and text messages;
1. Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes (amended by Act No. 17264 of May 19, 202), Article 283(1) of the Criminal Act, the selection of imprisonment with prison labor, and the selection of each of the
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Special cases concerning the dismissal of an application for compensation order, the litigation promotion, etc.;