Text
A defendant shall be punished by imprisonment for not less than eight 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
No person of "2020 Highest 4817" shall distribute, sell, rent, or openly exhibit any obscene codes, text, sound, image, or motion picture via an information and communications network.
On April 1, 2020, the Defendant had access to the B account using a mobile phone around April 1, 2020, posted a notice of the writing, “Fep Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Ma,” and the Defendant posted obscene pictures and videos on 12 occasions
Accordingly, the Defendant displayed obscene images openly through information and communication network.
『2020 고단 5226』 피고인은 2018. 12. 23. 06:00 경 대전 서구 C 빌딩 6 층 ‘D’ 호수 미상의 방 안에서, 피해자 E( 가명, 여, 21세) 와 함께 영화를 보던 중 갑자기 혀로 피해자의 오른쪽 귀를 핥고, 계속하여 고개를 돌리고 피고인을 밀어내는 등 신체 접촉을 거부하고 있는 피해자의 오른쪽 귀를 핥아 피해자를 강제로 추행하였다.
Summary of Evidence
[200 Highest 4817]
1. The name of the defendant in the first trial record and photograph of the closure of evidential data and CD [the top 5226 top 5,226];
1. Entry of the witness E in the second public trial protocol;
1. A protocol concerning the examination of partially the accused by the prosecution;
1. Statement made by the prosecution and the police for E;
1. The application of statutes to the contents of the F language message, investigation report (related to voluntary submission of photographs by the victim);
1. Relevant legal provisions concerning criminal facts, Article 74(1)2 of the Act on Promotion of the Use of Information and Communications Network and Information Protection, etc., Articles 44-7(1)1 and 24-7(1)1 of the Act on Promotion of the Protection, etc. of Information and Communications Network Utilization and Information Protection, Article 298 of the Criminal Act, and the 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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses;