성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The punishment of the accused shall be four months by imprisonment.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
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 shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.
Nevertheless, at around September 19, 2018, the Defendant sent text messages to the victim C’s mobile phone from the Defendant’s residence located in the north-gu, Mapo-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.
Accordingly, the Defendant sent to the victim images and comments that may cause sexual humiliation or aversion with a view to meeting his own sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to C by the police;
1. Application of the photographic Acts and subordinate statutes;
1. Relevant Articles of the Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment.
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Where a conviction becomes final and conclusive on a crime committed in the judgment that is subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 personal information
When considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, in full view.