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A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On October 14, 2015, around 02:00 on October 14, 2015, the Defendant: (a) placed a female public toilet on the top of Yongsan-gu Seoul, Yongsan-gu, Seoul, with his/her own cell phone pictures and her knivem pictures that have been created with his/her cell phone; and (b) placed his/her knivem pictures and knives.
Accordingly, the defendant invadeds on public toilets to satisfy his sexual desire.
2. Violation of the Act on Promotion of the Use of Information and Communications Network and Information Protection, Etc. (Distribution of obscenity) posted obscenity on 53 persons selling Defendant at the Defendant’s twitter account (a person who de-time reads obscenity, such as posts, photographs, etc. of a person subject to Twitter) at a time and at the same time as paragraph (1) and on the same background as that of paragraph (1), and displayed obscenity photographs, which were taken by the Defendant on the part of an unspecified number of people using the Internet, and openly displayed obscenity photographs by means of real-time transmitting them to 53 persons using the Internet.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant legal provisions concerning facts constituting an offense, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (a point of intrusion into public toilets), Articles 74(1)2 and 44-7(1)1 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and each choice 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 sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea is not good and is likely to lead to other crimes. However, the execution of the sentence is suspended and the registration of personal information is ordered in the same manner as the order is given, considering the circumstances that the first and second crimes are committed.