1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That 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

1. On July 9, 2014, the Defendant posted the above photograph under the title “a woman who was able to find a hole,” on the bulletin board of “gym & age,” in the Defendant’s residence located in Mapo-gu Seoul Mapo-gu, in which he/she took a photograph of his/her sexual intercourse with the victim D (the age of 18 at that time) who became aware of via Twitter, and took a photograph of his/her sexual intercourse with the Defendant’s smartphone.”

Accordingly, the Defendant: (a) filed a public prosecution by deeming the victim’s body pictures taken by using camera to fall under “distribution” under Article 14(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) however, “distribution” under the aforementioned provision refers to granting free of charge to an unspecified or many unspecified persons; and (c) posting them on the Internet web bulletin board, which does not involve transfer of possession, should be deemed as falling under “distribution” under Article 14(2).

In the instant case, recognition of the “distribution” as the “public exhibition” does not substantially disadvantage the defendant’s right to defense, and thus, recognition of facts as such without modification of the indictment is to be made.

(hereinafter the same shall apply)

was made.

2. On May 25, 2016, the Defendant: (a) taken and kept a photo of the victim G (at the time, 15 years old) and sexual intercourse with his/her name, and kept his/her sexual intercourse using his/her smartphones; (b) on July 25, 2014, the Defendant used his/her street North Korea in his/her dwelling in the foregoing Defendant’s dwelling, thereby removing a baby of the instant bulletin board “Isri Island Nos. 1450, 201.”

“The above photograph was posted under the title of “..........”

Accordingly, the defendant is against the victim's will to have his body photographed by using a camera that could cause sexual humiliation or shame.