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A defendant shall be punished by imprisonment for one year.
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 B ( South Korea, 27 years of age) and the Internet “C” website.
1. Around March 1, 2020, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes related to Illegal Screening (hereinafter “EM”) taken pictures of the victim’s sexual intercourse using a cell phone camera function in possession of the Defendant’s cell phone with the victim’s sexual intercourse, using the victim’s consent in a condition that the damaged was unable to properly recognize the surrounding condition while wearing an inner belt, while having sexual intercourse with the male and female, around 15:23, 2020. On the same day, the Defendant taken pictures of the victim’s sexual intercourse with a screen picture using the victim’s cell camera function, and taken eight times in total, such as the victim’s sexual intercourse or the victim’s sexual exposure.
As a result, the defendant took photographs of the body of the victim who could cause sexual humiliation or shame by using a camera or other similar mechanism.
2. Around March 1, 2020, the Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in relation to the Provision of Illegal Gatherings, transmitted to F the instant re-dynamic image Nos. 8 of the [Attachment 1] taken using the Defendant’s mobile phone Kakao Stockholm located in the Defendant’s mobile phone at the same place as the above 1.56, and transmitted F the same.
Accordingly, the defendant provided the victim's body photographs which could cause sexual humiliation or shame against the victim's will.
Summary of Evidence
1. Report on seizure of police statements made by the defendant in relation to the defendant's legal statement B (as at the second public trial date) and report on the results of analysis of digital evidence of the list of seizure;
1. Application of all the Acts and subordinate statutes, such as the defendant's details of transmission of motion pictures and the Kakao Stockholm dialogue;
1. Relevant Articles of the Act and the punishment, etc. of sexual crimes committed by each of the former types of punishment;