성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
A defendant shall be punished by imprisonment for not less than two months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual humiliation or aversion by telephone, mail, computer or other means of communication, with intent to arouse or satisfy his/her own or another person's sexual desire.
Nevertheless, at around 01:00 on June 25, 2017, the Defendant sent the images to the victim D (the age of 22) using a mobile phone to take the image phone, thereby causing sexual humiliation or aversion through a communication medium, and sent them to the victim, at the residence of the Defendant in Kim Jong-si, at around 01:00.
Summary of Evidence
Application of the police statement law to the defendant's legal statement D
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are for unspecified persons. The crime of this case is for unspecified persons. The defendant has a record of having been punished several times for the same crime, and the punishment is determined as ordered in consideration of all the circumstances.