성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
On January 14, 2015, from around 11:00 to around 11:30, the Defendant sent a file recording the Defendant’s sexual flag photographs and 36 files recording the Defendant’s sexual voice to the Kakaoox of the victim C (M, 56 years old) where the Defendant’s cell phone contact numbers were stored.
As a result, the Defendant reached the victim with the intent to arouse or satisfy his or another person's sexual desire, which may cause a sense of sexual humiliation or aversion through telephone.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the Acts and subordinate statutes of each photograph (No. 2 list of evidence);
1. Article 13 of the relevant Act on Criminal Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines;
2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.
3. Where a judgment becomes final and conclusive to submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall become a person subject to registration of personal information prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information
In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such 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 disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.
The reason for sentencing is that the defendant recognizes all mistakes and reflects them before the case.