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A defendant shall be punished by imprisonment for not less than eight 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
The defendant is a space between the victim C (n, 25 years of age) and smartphone-sharing application.
1. Around 05:00 on July 22, 2017, the Defendant taken five copies of the victim’s body body body body body body photograph, such as the victim’s cell phone (opon 7, No. 1, No. 1) of the Defendant’s cell phone (opon 7, No. 1), and the victim’s body body body body body part of the victim’s body body body body body part of the victim, such as the victim’s buckbucks, etc., without the victim’s consent, at the residence of the victim C (opon, 25 years of age) located in Geumcheon-gu Seoul Metropolitan Government.
Accordingly, the Defendant took photographs of another person’s body, which may cause sexual humiliation or shame, using a mechanical device with a camera function as above, against his will.
2. In around 12:00 on September 12, 2017, the Defendant sent two copies of the body pictures of the victim taken by the victim, such as the Defendant, at least 12:00, from the F3 floor located in Geumcheon-gu Seoul Metropolitan Government, the Defendant would keep the victim’s sexual intercourse with the Defendant, and would delete these pictures by making use of G Mesens.
“In the way of sending the message to the purport, the victim was threatened by making use of the victim’s b body photo to inflict an injury on the honor, etc. of the victim if the Defendant does not comply with the Defendant’s sexual intercourse request.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Police seizure records;
1. Reports on results of digital evidence analysis, Handphones, computer digital forensic results, knife outputs;
1. Application of the G content with the suspect and the text of the statute governing conversation between the suspect's damage;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, each of the choice of punishment, Article 14(1) (a) (a point of taking photographs, such as a camera), Article 283(1) (a) (a point of intimidation) of the Criminal Act, and the choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.