【Criminal Records of Crimes】 On April 7, 2016, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) at the Ulsan District Court, and the said judgment became final and conclusive on July 29, 2016.

【Criminal facts” around November 9, 2015, at around 10:34, the Defendant sent images showing the Defendant’s sexual organ to the victim D (at least 47 years old), a person who does not know of the Defendant’s mobile phone at all, in the Defendant’s residence located in the Chungcheongbuk-gun C.

Accordingly, the Defendant sent to the victim images that could cause a sense of sexual shame through the communication media for the purpose of meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of crimes in judgment: Application of each statute of the judgment;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply.

3. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the following circumstances shall be taken into consideration):

4. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (including the fact that the defendant is exempted from punishment and the defendant is ordered to complete sexual assault treatment lectures for a period of 160 hours in the final and conclusive judgment entered in the first head of the crime

5. A prosecutor is seeking the imposition of an order to disclose or notify the personal information of a defendant, in relation to whether to issue such an order.

However, on March 31, 2016, the Constitutional Court, however, Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which provides that a person who has been finally convicted of committing a obscenity crime using a communication medium becomes a person subject to registration of personal information, shall be a person subject to registration of personal information.

The Constitutional Court rendered a decision that the part “” violates the Constitution (Supreme Court Decision 2015HunMa688 Decided March 31, 2016). Therefore, this part of the legal provision is effective.