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A defendant shall be punished by imprisonment for six 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
The defendant and the victim (n, 56 years old) were related to a four-year-year-year-year-year-year-old relationship, and they were sent to the first police officer on July 2016.
1. Around June 13, 2016, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Camera, etc.) laid down his/her own smartphone (gal gallona5), which was established by the recording function of the video in front of the victim’s residence, around 17:27 on June 13, 2016, and used the 30 minutes of the body of the Defendant and the victim’s sexual intercourse without the victim’s consent.
As a result, the defendant taken the body of another person, who could cause sexual humiliation or shame, using a camera or other similar mechanism, against his will.
2. Around 10:55 on August 10, 2016, the Defendant transmitted dynamic images with the Defendant and the victim having sexual intercourse with a view to inducing or meeting the victim’s sexual desire through a gallon (gallon S5) using the Defendant’s smartphones at KRW 11:04, and KRW 11:59 on three occasions at KRW 11:59.
As a result, the Defendant reached the victim with a view to inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. The written statement made by the police against B;
1. Investigative reports (to hear statements from victims);
1. Investigative reports ( Results of cellular phone analysis), requests for digital evidence analysis, and replies to results of digital evidence analysis;
1. Investigation report (to attach text messages and images sent by a suspect), related photographs;
1. Application of Acts and subordinate statutes on police seizure records and list of seizure;
1. Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes concerning the crime (a point of using camera, etc.) and the punishment, etc. of sexual crimes;