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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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 4, 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Ameras, etc. of Sexual Crimes) recorded the victim’s body into a mobile phone camera against the victim’s will while having sexual intercourse with the victim D through smartphone display in the mutual influoric telecom near the astronomical river basin in Yanan City.
2. In May 2012, the Defendant threatened the victim by stating that the said victim would spread a dynamic image recorded with another male in a sexual intercourse on the Internet, namely, “I will spread a dynamic image recorded with another male or female, unless I do so with another male or female.”
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Police seizure records;
1. Investigation report (investigation of victim D video images);
1. Application of the CD-related Acts and subordinate statutes;
1. Article 13 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply) and Article 283 (1) of the Criminal Act (amended by Act No. 11556, Dec. 18, 2012);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated Punishment of Sexual Crimes, which is heavier than punishment, prescribed by the Act on the Punishment, etc. of Sexual Crimes);
1. Article 57 of the Criminal Act including days of pre-trial detention;
1. Article 62 (1) of the Criminal Act;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before probation and order to complete a program;
1. In light of the fact that there is a sentence of the same kind of punishment for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the sentence is to be suspended considering the relationship with the victim at the time of committing the instant crime. Since the risk of recidivism is recognized, probation corresponding to the grace period and the order to complete the sexual assault treatment program is added.