성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On July 30, 2015, the Defendant was parked in C convenience stores located in C at the time of Jinjin-si on July 30, 2015.
D A victim E (n.e., age 21) in a car for car knife shall be off of the clothes in knife.
It is necessary to appear if he/she is off of clothes.
It is necessary to lend money with the awareness of the loan certificate.
The message was sent out, “Isk’s clothes”.
Accordingly, the Defendant reached the victim with a view to inducing or satisfying the sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. A written statement;
1. Application of statutes on field photographs;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. On March 31, 2016, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the Constitutional Court ruled that “any person who is finally and conclusively convicted of committing a crime under Article 13 of the Act shall be a person subject to registration of personal information” is unconstitutional (Article 234(1) of the Criminal Procedure Act and Article 334(1) of the Act on Special Cases Concerning the Registration, Disclosure, and Notification of Personal Information, and thus, the said provision of the Act became null and void.
Therefore, since the defendant is not subject to a person subject to registration of personal information or an order to disclose or notify personal information on the premise of such order, the defendant is not subject to an order to disclose or notify the personal information.