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
No defendant shall allow the other party to have his/her pictures, images, etc. that may cause sexual humiliation or aversion, through telephone, mail, computer or other communications media, with intent to arouse or satisfy his/her own or other person's sexual desire.
On September 24, 2013, around 17:42, 2013, the Defendant sent the Defendant’s instant Kakaox to the Defendant E, who had taken the Defendant’s sexual organ with his cell phone, and sent the Defendant’s sexual organ to the Defendant, who was at work.
Accordingly, the defendant has reached the victim a sexual photograph of the defendant causing sexual humiliations with a view to meeting his own sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of the photographic Acts and subordinate statutes;
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 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Where a conviction of the accused against the crime of indecent act by compulsion on the judgment that constitutes a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency
In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the special circumstances that need not disclose and notify personal information pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.