A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Around 22:00 on March 23, 2014, the Defendant taken photographs of the body of the victim who could cause a sense of sexual shame by photographing the body of the victim using the Defendant’s mobile phone with the function of the cameraamera function, and by photographing the body of the victim’s cell phone, under the influence of the victim B, from a mutually influence, at around 22:00, Kimcheon-si.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);

A. On April 25, 2015, the Defendant sent the victim B’s cell phone with a 38 video image consisting of a sexual intercourse with the victim B’s sexual desire by using the Defendant’s cell phone on April 25, 2015, and led the Defendant to reach a video, etc. that may cause sexual humiliation or aversion through the communications medium with the aim of inducing or meeting his/her own or another person’s sexual desire.

B. Around April 26, 2015, the Defendant sent the victim’s b body pictures taken as referred to in paragraph (1) to the victim B’s cell phone text messages using the Defendant’s cell phone on April 26, 2015, and caused the victim to reach the images, etc. that may cause a sense of sexual humiliation or aversion through a communication medium for the purpose of inducing or meeting his/her own or another person’s sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement concerning B;

1. Investigation report (including attachment of C and text messages (including attachment C details and photographs);

1. Police seizure records;

1. Application of Acts and subordinate statutes on response results from digital evidence analysis;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;