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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 January 22, 2017, the Defendant, in violation of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts (sexual traffic), committed commercial sex acts by paying 200,000 won to F (0,000 won) that promises to remain for only the conditions in mobile hosting franchising “E” in Busan Dong-gu, Busan at around 11:30 on January 22, 2017, and engaging in commercial sex acts twice.
2. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), at the time and place indicated in paragraph (1), the Defendant set up a mobile phone camera in a guest room with the victim F puts the victim F in a book inside the guest room, and took a photograph of approximately 25 minutes against the victim’s will to have sexual intercourse with the victim.
3. On January 23, 2017, the Defendant who attempted sexual intercourse with the victim F on or around January 23, 2017, sent to the victim a photograph attached to the sexually related dynamic image with the victim that he/she had taken, as described in paragraph 2, with a view to engaging in sexual intercourse with the victim F, and then spread the photograph to the victim via a cell phone fix “G” message if he/she did not meet himself/herself.
On January 24, 2017, at around 00:45, the victim, who was frighted, was arrested by a police officer who was dispatched to the I Station, and went to the I Station second floor, located in the Busan Dong-gu, Busan, and got the victim to commit a crime.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of each investigation report, G message, and photographic and video CD-related images to each other;
1. Relevant legal provisions concerning criminal facts, Article 21 (1) of the Act on the Punishment, etc. of Acts of Arranging Sexual Traffic (the occupation of sexual traffic, the choice of imprisonment), Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of photography, such as a camera, the choice of imprisonment), Articles 294 and 288 (1) of the Criminal Act (the occupation of kidnapping sexual intercourse);
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. Articles 53 and 55(1) of the Criminal Act for mitigation of amount;