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.

Punishment of the crime

1. On October 11, 2016, at around 14:00, the Defendant: (a) introduced a friendly room in Daegu Northern-gu, Daegu Northern-gu, via the introduction of the friendship room, intended to photograph the face of the victim E (at least 18 years of age) with his/her sexual intercourse; (b) activated the function of the camera of his/her cell phone; and (c) taken the screen screen of the Defendant’s fingers inserted the Defendant’s fingers into his/her sexual organ in his/her possession.

The Defendant taken the body of another person, which may cause sexual humiliation or shame, using the cellular phone with a camera function, against his will.

2. On October 11, 2016, the Defendant sent the video images taken as above to a female under the name-free women using SNS, which he/she became aware of through SNS at around 21:10 on October 11, 2016.

As such, the Defendant provided another person with the video recorded as set forth in paragraph (1) against the victim’s will.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to report internal investigation (including each photograph), internal investigation report (including the attachment of photographs of the storage contents of the accused mobile phone), and internal investigation report (including each photograph of the contents stored in the accused mobile phone);

1. In the indictment under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under each of the pertinent provisions on criminal facts, the bill of indictment is written in addition to Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, but it appears to be a clerical error.

Imprisonment with prison labor;

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 Punishment, etc. of Sexual Crimes against Social Service Order and Order to complete a program;

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Code is that the defendant taken the sexually related video of the victim against his will and transmitted without permission to other persons in the form of image files which can be easily disseminated to many and unspecified persons.