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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant was a victim C (V, 69 years old) and a sexual intercourse.
person is a person.
1. On May 31, 2017, the Defendant taken pictures of the victim’s body against his/her will, after having sexual intercourse with the victim on May 31, 2017, by using his/her cell phones, which might cause sexual humiliation or sense of shame, after having sexual intercourse with the victim.
2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media);
A. On June 14, 2017, the Defendant: (a) connected F building 102 302 dong-gu, Nam-gu; (b) Defendant’s dwelling at the Defendant’s dwelling; (c) connected to “G”, a smartphone display case; and (d) transmitted video files in which the body of the victim was recorded to the victim as described in paragraph (1).
B. On June 15, 2017, at around 21:00, the Defendant connected the Defendant’s residence to “G”, a smartphone, at the Defendant’s residence, and transmitted the video files taken by the victim’s body to the victim as described in paragraph (1).
Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Police seizure records;
1. Application of each statute on photographs;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 14 (1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a photographing a camera and any other use of the camera), and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a obscene point using communications media and a selection of a sentence of imprisonment);
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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. An order of disclosure and notification;