A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a soldier belonging to the USFFA and is subject to the USF Status Agreement (SOFA).

On September 13, 2016, the Defendant taken a photograph of a sexual relationship head by using a cell phone used by the Defendant, such as the act of similarity with the victim D (V, 29 years old), within the 8th-gu Seoul Yongsan-gu, Yongsan-gu, Seoul, with a cell phone located in Yongsan-gu, Seoul, and posted the video images and the images of the victim to E, which is against the victim's will while holding the video.

Accordingly, the Defendant distributed or openly displayed photographs that may cause sexual humiliation or shame against the will of the victimized person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. The photograph of each damage [the defendant and his defense counsel asserted that the defendant's act constitutes a mistake of law because they did not know that the defendant's act was a crime, but such circumstance is merely merely a legal site and cannot be viewed as an error of law under Article 16 of the Criminal Act, and therefore the above argument is without merit];

Application of Statutes

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is difficult to expect a foreigner to smoothly implement an order to attend a lecture due to the lack of communication in Korean language and it is also difficult to achieve

Since it seems that there are special circumstances where the order to attend school cannot be imposed, it seems that there is considerable mental suffering from the victim due to the reason of sentencing, but the victim did not receive an appearance from the victim, there is no criminal conviction in Korea, the defendant's age, sex, environment, family relationship, motive and consequence of the crime, etc.