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
No person shall allow another person to 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 another person's sexual desire.
Nevertheless, on December 31, 2015, the Defendant: (a) received video images from C, which contain a sex-related pages, from which the Defendant reported the said broadcast while running the Internet B’s broadcast, and requested the victim to transmit the video images to the cellular phone of the victim D (20 years of age); (b) around 01:42 on the same day, the Defendant sent the video images to the victim’s cell phone using his/her cell phone.
Accordingly, the Defendant reached the images that may cause sexual humiliation or aversion to the victim through the cellular phone, which is a communication medium, with a view to inducing or satisfaction of his sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Application of Acts and subordinate statutes of conversation content;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and Selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Taking account of the following: (a) the Defendant’s reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order; and (b) the Defendant’s act of transmitting videos of sexual intercourse with the victim at the request of the viewers who taken pictures of sexual intercourse with the victim during the Internet broadcast process; (c) the Defendant appears not to have actively expressed a sense of sexual shame to the victim; and (d) the Defendant’s act of transmitting the said videos only to the victim and thus does not constitute an infringement of additional legal interests.