성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 28, 2014, at the defendant's house located in Daegu Suwon-gu D apartment 203 Do 1903 Dong 1903, a photograph of the victim E (n, 16 years old), which he/she became aware of through Twitter, was put in another three pages, with a photograph showing the Defendant's sexual organ attached thereto, and then sent it to the victim two times through smartphones for the purpose of inducing or satisfaction of his/her sexual desire, thereby causing sexual humiliation or aversion.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of the photographic Acts and subordinate statutes;
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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved by the Defendant’s entrance, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the special circumstances under which personal information may not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.