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

No one shall distribute, sell, lease, provide, openly exhibit or show any photographic or reproduction taken by a person's body, which may cause a sense of sexual humiliation or shame, using a camera or other similar mechanism against the will of the person subject to shooting, and distribute, sell, lease, or openly exhibit any obscene image or picture through an information and communications network.

그럼에도 불구하고 피고인은 2020. 3. 17. 12:58경 피고인의 주거지인 천안시 동남구 B, C호에서 휴대전화를 이용하여 ‘즐톡’ 어플리케이션의 게시판에 “D”는 글을 게시하고 이를 보고 연락한 E에게 피고인과 피고인의 아내인 피해자 F(여, 31세)의 성행위 장면을 촬영한 사진 3장을 피해자의 의사에 반하여 전송하고, 같은 해

1. At around 01:02, at the same time, three copies of photographs taken by the defendant and the victim against the victim's will are transmitted to E in the same manner, and the same year;

4. 4. At around 09:10, two copies of photographs taken by the Defendant and the victim’s sexual intercourse scene were transmitted to E in the same manner against the victim’s will.

Accordingly, the Defendant distributed photographs taken by a person who could cause sexual humiliation or shame on three occasions in total against the will of the person subject to shooting, and publicly distributed obscene images using the information and communications network.

Summary of Evidence

1. Application of Acts and subordinate statutes on the statement of the defendant in court E and F to each police statement;

1. Article 14(2) and (1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977 of May 19, 202) (amended by Act No. 15977 of May 19, 202), Articles 74(1)2 and 44-7(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.