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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant had access to dumping propagation and had become aware of the victim B (the age of 22) and the Internet hosting, and divided the dialogue between the victim and the Kakao Stockholm.
On June 5, 2013: (a) around 03:12, the Defendant sent a video image transmission service to the victim, which contains the form of sexual intercourse between men and women, who were downloaded from the “Internet site” file, and stored in a mobile phone, at the office of the Defendant at the office of the Dongdaemun-gu Seoul, Gangnam-gu, Seoul.
As a result, the Defendant sent 31 seconds of video images that may cause sexual humiliation or aversion through communications media for the purpose of inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of each police statement concerning B;
1. Application of the Acts and subordinate statutes on video photographic data and Kakao Stockholm dialogue content;
1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012); Selection of fines, etc.
1. 50,000 won of a fine to be suspended;
1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act;
1. Article 59(1) of the Criminal Act provides that Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment provides that a person who is finally convicted of a sex offense subject to registration shall be a person subject to registration of personal information.
However, this court has a duty to suspend the sentence of the defendant, and the defendant is obligated to submit personal information to related agencies pursuant to Articles 42(1) and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when the suspended sentence of this case becomes invalidated pursuant to Article 61(1) of the Criminal Act.
The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, result and seriousness of crime of this case, exempted from disclosure order or notification order.