Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No person shall distribute, sell, provide, display, or openly display any photographed material against the will of a person subject to photographing, even though it does not go against the will of the person subject to photographing at the time the person photographs another person's body, which may cause sexual humiliation or sense of shame, using a camera or similar mechanism.
In the process of hedging with the former female-friendly job offers victim B (V, 40 years old), the Defendant had had the victim taken the body pictures of the victim, which had been taken by Handphones with the victim’s consent, before they had been able to unilaterally complete the relationship with the victim, with the victim’s consent, with the victim’s consent.
1. On May 22, 2017, the Defendant sent the two copies of the victim’s b body photo stored in his/her cell phone at his/her own residence located in Ulsan-gu, Nam-gu, Seoul-si, via C frop (E) to the victim’s cell phone (E).
2. On May 22, 2017, around 23:30, the Defendant sent two copies of the victim’s balone photo stored in his/her mobile phone at the above one’s own residence to F’s mobile phone (G) cases via C.
As a result, the defendant provided two-time photographs of the body of the victim who may cause a sense of shame or shame against the victim's will.
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of Acts and subordinate statutes to literary message pictures
1. Article 14 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, and the selection 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) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;
1. The defendant's reasons for sentencing under Article 48 (1) of the Criminal Act are determined by decision.