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.

(e).

Punishment of the crime

On March 2014, the Defendant came to know of the Victim D (W, 37 years of age) through “C”, which is the Internet hosting site, and had been able to take pictures of the form, etc. of sexual intercourse with the victim’s body with his body and keep the file, while the victim was hicker, the Defendant was trying to borrow money using the file.

피고인은 2014. 6. 18.경 장소를 알 수 없는 곳에서 자신이 피해자의 성관계 동영상을 보관하고 있음을 알고 있는 피해자에게 전화하여 “개 같은 년아 니년이 뒤지든 말든 관심 없어. 일단 내가 받은 것만큼 돌려줘야 되겠어 너한테. 야, 니년 남편 전화번호 하나 내가 못 딸 것 같애 왜 니 큰아들한테도 보내주면 재밌어 하겠네. 금요일까지 100만 원 바쳐. 그리고 내 자지 빨고.”라고 말하였다.

On June 19, 2014, the Defendant, as seen above, was delivered KRW 1 million in cash at the “F” televise E located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu on June 14:30, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Details of the withdrawal of victims;

1. Record for gathering sound records;

1. The list of seizure;

1. The application of Acts and subordinate statutes to the storage and photographs of video files, and sexually related video photographs;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [decision of types] Aggravation of public conflict in general (less than 30 million won) (Special Aggravation of imprisonment): Reduction elements that have no aggravated element: Where the degree of public conflict is weak (where damage is minor) (where damage is minor) or imprisonment for not more than 8 months (limited to mitigation areas).

3. Determination of sentence: Imprisonment with prison labor for eight months, and the crime of this case for two years of suspended sentence is likely to spread the images of sexual intercourse to the victim;