성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[Criminal Power] On January 28, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of indecent act by compulsion at Seoul Southern District Court on the part of the Defendant, and the judgment became final and conclusive on February 5, 2014 and is currently under suspended sentence.
【Criminal Facts】
At around 15:40 on February 8, 2014, the Defendant sent the image that causes sexual humiliation or aversion through a communication medium for the purpose of inducing or satisfaction of his/her own or another person’s sexual desire by putting the phone via a video phone of the victim D (In this case, 18 years of age) in the Defendant’s home, which is located in B, 4, 210 (C apartment), consecutively with the cell phone of the victim D (the age of 18).
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Photographss by capturing a video call;
1. Previous convictions indicated in judgment: Criminal references references, reports on the results of confirmation of the previous disposition, and application of Acts and subordinate statutes (reports on confirmation of the facts under suspension of execution of a suspect);
1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to a related agency pursuant
The age of the defendant exempted from the disclosure order or notification order, the type, motive, process of the crime in this case, seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant resulting from the disclosure order or notification order, and the registration that can be achieved due to such problems.