성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
1. The defendant shall be punished by a fine of three million won;
2. If the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On January 11, 2018, from around 20:47 to 20:53, the Defendant called the victim C’s mobile phone (D) with a cell phone of the victim C by using the services of restricting the phone number display from around 20:47 to around 20:53, and wanting to take one time as his or her husband and wife will become his or her father and wife.
Then, the victim expressed his body in a video call only once.
As a result, the Defendant sent words and videos that may cause sexual humiliation or aversion through telephone or other communication media for the purpose of inducing or meeting his or another person's sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
2. Statement made by the police against C;
3. A written petition;
4. The details of the currency stored in the CD;
5. The application of the Acts and subordinate statutes to police investigation reports and internal investigation reports;
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;
2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.
4. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
5. In full view of the following circumstances: (a) the proviso to Article 49(1) of the Act on the Protection of Children against Sexual Abuse and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse and the proviso to Article 50(1) of the said Act (the Defendant appears to have committed the instant crime by walking phone to a victim without any connection with himself/herself due to multiple drinkings; (b) the Defendant’s perception of his/her commission of the instant crime; and (c) the Defendant’s age, sex, occupation, environment, family relationship, etc., and other circumstances revealed in the record, the Defendant’s order to disclose or notify registered information should not be disclosed in comparison with the benefits and preventive effects that the Defendant could have expected due to such order, disadvantages and side effects therefrom, etc.