성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
Defendant shall be punished by a fine not exceeding five million won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Punishment of the crime
1. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, sounds, letters, pictures, images, or articles that may cause a sense of sexual shame or aversion through telephone, mail, computer or other communications media with intent to arouse or satisfy his/her or the other party's sexual desire;
Nevertheless, at around 22:49 on April 10, 2018, the Defendant sent pictures of the Defendant’s sexual organ to the cell phone of the victim C (the age of 45) on his/her cell phone in order to satisfy his/her sexual desire, thereby allowing the victim to reach a photograph that may cause sexual humiliation and aversion to the victim.
2. On September 10, 2013, the Defendant is a person subject to registration of personal information for whom the said judgment became final and conclusive on January 23, 2014, by having been sentenced to six months of imprisonment for a quasi-indecent act by force in the Daejeon District Court Red Sungsung branch on September 10, 2013.
Where a person subject to registration of personal information has a change in personal information, he/she shall submit the reason and details of the change to the head of a police agency having jurisdiction over his/her domicile within 20 days from
Despite the fact that the mobile phone number was changed to D on February 9, 2018, the Defendant failed to submit the changed information to the head of the Chungcheongnam Hong Hong Police Station having jurisdiction over the domicile within 20 days.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. A photograph of the victim's cell phone closure;
1. Application of Acts and subordinate statutes to copies of written personal information;
1. Relevant legal provisions concerning facts constituting an offense, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines, respectively;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;