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.

Punishment of the crime

The defendant is a person who has been under the relationship between the victim B (n, 32 years of age) and 7 months.

1. On December 2016, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases”), taken pictures of sexual relationship with the victim following the Defendant’s death using the Defendant’s smartphone camera function in the residence of the Defendant located in the Yan-gu C building D, Yan-si, Haman-si.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against his will.

2. On July 30, 2017, the Defendant sent a text message stating that, in front of the victim’s residence in Nam-gu, Busan, the victim sent to the victim a photograph that captures a part of the victim’s sexually related video recorded in paragraph (1) that the victim did not talk with him, and then sent it to the victim a text message stating that, “I am informed of the victim’s sexually related video that the victim was in possession of as described in paragraph (1) that the victim did not talk with him, and if the victim did not answer, I am informed of the victim’s intention, I am, site, knowledge, and F am, and if no answer is made by no later than one day, I am.”

Accordingly, the defendant threatened the victim as if the victim did not have contact with the defendant, but spreads the sexually related video of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes on the closure photographs of text messages sent by the suspect and the G-fagics produced by the victim;

1. Article 14(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Sexual Crimes Punishment Act”), Article 283(1) of the Criminal Act (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 201); the choice of imprisonment for each crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The punishment, etc. of sexual crimes committed against community service or attending lectures;