성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
1. On May 15, 2015, the Defendant became aware of the contact information of the victim B (here, 54 years of age) who was an acting driver while working as an acting driver on behalf of the Defendant.
At around 17:56 on May 15, 2015, the Defendant sent Kakao Kakao Stockholm word to the cell phone used by the victim B’s cell phone.
Accordingly, the Defendant sent to the victim a letter that may cause sexual humiliation or aversion using communication media with a view to meeting his/her sexual desire.
2. Around May 23, 2015, the Defendant sent the Kakao Kakao Stockholm word, “Along on May 23, 2015, on the cell phone used by the said victim, using the cellular phone, the Defendant sent a large number of 14:30 on May 23, 2015, to the cell phone used by the said victim.”
Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion using communication media with a view to meeting his/her sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to a criminal investigation report (the addition of a suspect and the attachment of a Kakao Stockholm message sent by a suspect);
1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof. Article 13 (Selection of Punishment of Fines)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. If a conviction on a sex offense subject to registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a competent police office pursuant to Article 43
The defendant's age of exemption from the disclosure order and notification order;