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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall distribute, through an information and communications network, photographs taken by another person's body, which may cause sexual humiliation or shame against his/her will, using a camera or similar mechanism with a similar function, for profit, by means of an information and communications network, and distribute, sell, rent, or openly display obscene codes, words, sound, images, or motion pictures through an information and communications network.
In 2015, the Defendant got the victim B to keep the images recorded against the victim B’s will against the victim’s sexual intercourse.
On November 21, 2015, the Defendant, using a computer at the Defendant’s residence located in the Busan B apartment D, for profit, carried out the above photographic picture, which was taken against the victim’s will, as seen above, as “G”, by using a computer at the Defendant’s residence located in the Busan B apartment D, and opened the above photographic picture, which was taken against the victim’s will.
In addition, the Defendant up to July 14, 2014, from June 2, 2017 to June 2, 2017, up to 295 obscene images on E site, as shown in the list of crimes.
Accordingly, the Defendant distributed photographs taken against his will against the victim’s body, which might cause sexual humiliation or shame for profit, using the information and communications network, and distributed obscene images via the information and communications network.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A petition prepared B;
1. Response to a request for financial information;
1. Video CDs;
1. Investigation report (related to the attachment of original images of the Round);
1. Investigation report (Analysis of the original files of obscene materials sold by a suspect and illegal photographing materials);
1. Application of Acts and subordinate statutes to investigation reports (related to the execution of a warrant of seizure (2018-27323, E), and replies);
1. The former sexual crime provided for in the relevant Act concerning criminal facts;