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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On December 2013, the defendant was dead for more than six months from the victim B to the victim Eul-gu in Gwangju Dong-gu.
1. Around December 2013, the Defendant taken one-time images of the victim’s body parts and sexual flag parts, respectively, using the camera of his mobile phone in his cell phone located in Gwangju Dong-gu Seoul Special Metropolitan City, at a “DMoel” guest room located in Gwangju-gu, and using the camera of his mobile phone.
Accordingly, the defendant taken the body of another person, which could cause a sense of sexual shame by using a camera, against his will.
2. The Defendant who attempted to proceed to the public is in an unsound place from April 28, 201 to May 17, 2014, and the said victim is the Hague.
For the reason of the fact that the victim sent the victim's b body pictures taken by using smartphones to the Kakao Stockholm, such as the above paragraph (1), the victim threatened the victim by sending the photo to the office of work on duty and by sending it to the office of work and the office of work unless the victim's 10 million won is known.
Defendant 1 attempted to attack money from the victim who frightened the victim, but did not commit an attempted crime because the victim did not respond to it.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of each photograph (15,25, 53 pages of investigation records), investigation reports (Attachment of Kakao Stockholm text), investigation reports (Attachment of the suspect and the suspect and the victim’s text), application of Acts and subordinate statutes to photographs of text messages;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Crime, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes According to the Selection of Criminal Crimes, Articles 352 and 350(1) (a) of the Criminal Act, and the selection 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.