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A defendant shall be punished by imprisonment for six 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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and other crimes);
A. On Oct. 1, 2016, the Defendant, on Oct. 1, 2016, installed a cell phone of 60 opon in the shock field at the cel located in the Busan Sin-gu, Busan, on Oct. 10, 2016, and taken a video image against the victim D (n, 26 years old) who had been a smoke-related relationship with the body of the victim at the time.
B. On December 2016, 2016, the Defendant: (a) took a video image on the part of the Defendant on December 12, 2016, at around 17:00, on which one’s own opon 6S mobile phone camera be installed in the toilet box of TV, and the part of the body in which one’s opon 6S mobile phone camera is sexually related with the victim against the will of the victim.
2. Intimidation;
A. A. On April 12, 2017, the Defendant sent the Defendant’s cell phone text message stating, “The Defendant, from around April 23:37, 2017 to around 23:54, on the grounds that the victim was aware of himself/herself at the Defendant’s residence located in the Kimhae-si F. F. 208, the Defendant threatened the victim’s cell phone with the Defendant’s cell phone on the ground that he/she was aware of himself/herself, and thereby, threatened the victim with the Defendant’s cell phone of the Defendant on the ground that he/she became aware of himself/herself.”
B. On April 13, 2017, around April 13, 2017, the Defendant sent a text message to the victim’s mobile phone from the Defendant’s cell phone located in the Defendant’s dwelling located in Kimhae-si F. 208, to the victim’s cell phone in the victim’s cell phone at around 18:10 on April 13, 2017, and threatened the victim as if he were to spread the video recorded as above.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Application of the photographic Acts and subordinate statutes by cutting down a text message;
1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of view in photographing the same image) against the crime, and Article 283 of the Criminal Act.