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 April 19, 2014, at around 15:08, the Defendant sent one copy of his sexual photograph to the victim E (V) Kakao Stockholm account using a mobile phone from the welfare facility called “D” located in Daegu-gu, Daegu-gu, to the victim E (V), and sent on May 12:06 to the victim’s Kakao Stockholm account in the same manner at the same place from around 12:24 on May 5, 2014 to 12:24 on the same day.
As a result, the Defendant sent to the victim images or letters that may cause sexual humiliation or aversions through communications media with a view to inducing or satisfying his or another person's sexual desire.
Summary of Evidence
1. Statement of the accused in the first protocol of trial;
1. Statement made to E (victim) by the police;
1. Application of the investigation report (only with respect to the contents of the victim's cell phone cell phone notes) and the photographic Acts and subordinate statutes attached thereto;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with punishment prescribed by the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on April 19, 2014, with the largest penalty);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. The sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant crime on the ground of the sentencing of Article 334(1) of the Provisional Payment Order is a bad character in light of the following: (a) the victim has received severe sexual humiliation and mental impulse; (b) the defendant has the record of receiving suspended sentence due to the same type of crime; and
However, since around 2007, the defendant suffered from a mental disease, such as a mixed type of coercion and act, and the crime of this case seems to have been caused by such disease, and the defendant is aware of these symptoms of military register.