성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On March 23, 2014, around 01:45, the Defendant posted a video phone from the Defendant’s office in Gwanak-gu, Seoul Special Metropolitan City to C (n, 17 years of age) to the victim for one minute and five seconds of his/her own image.
2. On April 8, 2014, around 14:14, the Defendant sent the victim D (man, 17 years of age) a video phone from the Defendant’s office in Gwanak-gu, Seoul Special Metropolitan City to the victim for one minute and five seconds of the video images.
3. On April 20, 2014, around 06:26, the Defendant posted a video phone from the Defendant’s office in Gwanak-gu, Seoul Special Metropolitan City to the victim E (n, 18 years of age) due to the restriction on the recipient indication, and sent the victim’s own video for 1 minute 26 seconds.
4. The defendant has committed the same harm.
5.3. At around 14:36, at the office of the defendant B in Gwanak-gu in Seoul Special Metropolitan City, the victim F (n, 23 years old) sent the video phone for 14 seconds due to the limitation of the sender display.
Accordingly, the Defendant sent to the other party the images that may cause a sense of sexual humiliation or aversion through telephone for the purpose of inducing or meeting his or another person's sexual desire at a total of four times.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the F, C, D, and E;
1. Application of Acts and subordinate statutes on data on telephone details;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines for Crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act
1. It is an unfavorable circumstance that the defendant has the same criminal history as the reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
On the other hand, the agreement with one of the victims, the defendant's age, character and behavior, environment, motive, means and result of the crime, etc. are against the defendant.