A defendant shall be punished by imprisonment for not less than eight 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

The defendant was a Vietnamese national, and the defendant was recorded and kept video images with sexual intercourse with D from Vietnam, who acquired the nationality of the Republic of Korea through marriage with Korea.

1. On December 2, 2016, around December 2, 2016, the Defendant sent a video recording of the Defendant’s sexual intercourse with C using the Defendant’s mobile phone at the Defendant’s place of residence located in Young-gun, Nam-gun, Seoul, against D’s will, around December 2, 2016.

2. On December 12, 2016, the Defendant sent three video images of which the Defendant and D, in the manner described in paragraph 1, at the Defendant’s residence as indicated in paragraph 1, around December 22, 2016, to C against D’s will, in the same manner as that of paragraph 1, at the Defendant’s residence.

Accordingly, the defendant sent video images to his husband C against D's will that could cause a sense of shameing D and distributed them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Details of the identity of the victim and pictures to submit videos;

1. Investigation report (report on analysis of sex-related video images);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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 48(1)1 of the Confiscation Criminal Act provides that “A” who has received the same video recording as the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act, shall take into account the following circumstances: (a) the Defendant’s behavior has inflicted indirect damage on C and D’s children by suffering from considerable mental shock and difficulties in home life; (b) the Defendant has no record of criminal punishment in the Republic of Korea; and (c) the Defendant has no record of criminal punishment; and (d) the conditions for sentencing, including

When this judgment becomes final and conclusive, the defendant shall be subject to registration and submission of personal information.