성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 24, 2014, the defendant possessed the name of the victim C (V, 27 years of age) who is an employee of SK mobilephone agency, and became aware of the mobile phone number of the female.
On September 29, 2014, the Defendant sent the pictures that have been marked part of his sexual organ to the victim in the form of text message in the Seo-gu Seoul Special Metropolitan City D's dwelling plan on September 23, 2014, thereby causing sexual humiliation or aversion to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement to C by the police;
1. Photographs (the photograph of a suspect's sexual organ stored in the victim's mobile phone), photograph (the photograph taken in the victim's mobile phone), photograph (the photograph taken in the victim's mobile phone), and photograph (the text message sent to the victim by the suspect);
1. A written agreement;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
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 to Order, the defendant and his/her defense counsel asserts that at the time of the crime in this case, the defendant was in a state of mental disability with cerebral typhism and mental retardation.
According to the records, even though the fact that the defendant suffers cerebral typhism and is in a mental state is recognized, it does not seem that the defendant lacks the ability to discern things or make decisions.
Where a conviction becomes final and conclusive for a crime of this case, which is a sex crime subject to the obligation to submit personal information, such as the fact that he/she has been punished for the same kind of crime for sentencing (one fine), the fact that he/she has agreed with the victim, photographs and letters transmitted, etc., he/she 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