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1. The defendant shall be punished by imprisonment with prison labor for eight months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 31, 2015, around 04:30 on August 31, 2015, the Defendant taken up seven instances of physical parts, such as the victim’s negative phone function installed in the Defendant’s cellular phone at the house of the victim D (V, 38 years of age) located in Gwangju Mine-gu C 303 1802.
Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.
2. The Defendant, who was in custody of the victim D (n, 38 years of age) taken as above, is raising his/her photograph to the victim on the Internet on September 2015, when the victim was not present the Defendant.
It shall be sent to NAsia.
In sending the text message, “The victim sent part of the photograph to the victim,” and then sent the victim a text message “whether this photograph would be notified on the Internet.”
Accordingly, the defendant threatened the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against the victim;
1. Application of Acts and subordinate statutes to a investigation report (E contents attached), investigation report (in cases of attaching a report as a result of analysis of digital evidence on a victim's mobile phone, etc.);
1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 283(1) (a) of the Criminal Act and the selection of imprisonment with prison labor, respectively;
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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);
1. Article 62-2 of the Criminal Act on the observation of protection;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;
1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the punishment of sexual crimes, etc.