성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On August 22, 2017, the defendant, who was the husband of the victim B(n, 43 years of age) and was engaged in hosting through the cell phone hosting app at a non-commercial place with the time off to Busan Metropolitan City on August 22, 2017
While being kept by transmission of a female lower body photo from a person known to him/her, he/she sent a copy of the above photograph so that the victim may feel sexual health, and sent it to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement concerning B;
1. Application of Acts and subordinate statutes to a report on investigation (Attachment to documentary evidence submitted by a victim);
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 (1) 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. In light of the Defendant’s age, occupation, social relationship, risk of recidivism, motive, method, and consequence of the instant crime, the degree and expected side effect of the Defendant’s disadvantage due to the disclosure and notification order, the prevention of a sex offense subject to registration that may be achieved by such order, and the effect of protecting the victims thereof, etc., the court shall not issue an order to disclose and notify personal information or restrict employment to a child or juvenile-related institution, pursuant to Articles 47(1) and 49(1) of the Criminal Procedure Act, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Children and Juveniles against Sexual Abuse.