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A defendant shall be punished by imprisonment for one year.
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
1. On July 6, 2018, at around 20:21, the Defendant taken photographs of the part above the part of the victim D (n, 27 years old), face, and chest upper part of the victim D (n, 27 years old), who was staying together in the Defendant’s residence, using the Defendant’s cell phone camera.
Accordingly, the Defendant taken the body of another person, which may cause sexual humiliation or shame, against his will.
2. On September 28, 2018, at around 00:00, the Defendant sent two copies of the body pictures of the victim taken as described in the foregoing paragraph 1. to the cell phone with the victim’s previous male-friendly job offers, taking advantage of the victim’s E dialogue function in the cellular phone.
Accordingly, the defendant provided others with photographs taken by another person's body, which may cause sexual humiliation or shame, against the victim's will.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Each statement;
1. Application of e-mail statutes;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to attend lectures or Order to provide community service, Article 62-
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued;
1. In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, and any disadvantages and side effects therefrom, etc., the Defendant’s full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the Defendant’s age, occupation, family environment, social relationship, and criminal record and risk of recidivism.