성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
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, at around 23:11 on December 5, 2015, the Defendant sent the images that cause sexual humiliation and aversion to the five victims by 46 times as shown in the attached Table of the crime, by putting the phone to the victim C (the age of 30) by telephone with a view to meeting the Defendant’s sexual desire, and by transmitting the images that the addressee gets off and off from the bar, after confirming whether the addressee is a female, and then sending the images that may cause sexual humiliation and aversion to the victim, with the aim of meeting the Defendant’s sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Each statement of D, E, F, and G;
1. Each report on investigation;
1. A reply to a request for cooperation in investigation of communications data;
1. Application of each statute on photographs;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment: The choice of imprisonment with prison labor;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, the Constitutional Court of the Korea shall be a person subject to registration of personal information on March 31, 2016 (wholly amended by Act No. 11556, Dec. 18, 2012) under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012).
“Decision” is unconstitutional (Adjudication of the Constitutional Court, March 31, 2016).