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 June 30, 2013, the Defendant sent to the victim C a photograph of the sexual organ taken by using "Kakao Stockholm" at a place where the location cannot be known, at 11:04 on June 30, 2013.
At around 21:47 on the same day, the Defendant continued to transmit dynamic images with which the images of male self-defluence were taken by the victim.
Accordingly, the Defendant sent to the victim images that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his own sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Each police statement of C;
1. A copy of the message;
1. Application of Acts and subordinate statutes to a written agreement;
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. Where the conviction of the instant crime subject to the obligation to submit personal information, such as having no previous record of the same kind of punishment for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is finalized, the Defendant becomes 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, and is obligated to submit his/her personal information to the head of a competent police
In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sex offense subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the exemption of an order of disclosure or notification shall be considered.