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 25, 2016, the Defendant sent a fluoral photo of a woman C (V, 55 years of age) who became aware of at the Internet hosting site “B,” using the Defendant’s cell phone device, with the intent to arouse or satisfy his or another person’s sexual humiliation at an insular location at around 19:38, 2016.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of D or text messages to 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, and Selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant's mistake is divided and reflected in the sentencing, and that the defendant has no criminal records for the same kind of crime, etc. are factors for sentencing favorable to the defendant.
However, the crime of this case seems to have considerable mental impulse and sexual humiliation caused by the crime of this case. Nevertheless, the fact that the defendant was not able to receive a letter from the victim, and is not able to recover from the victim is an unfavorable sentencing factor against the defendant.
Other circumstances, such as the age, character and conduct, environment, health condition, motive and background of the crime, and circumstances after the crime, etc., which are the conditions for the punishment as shown in the pleadings of this case, shall be determined as ordered.
On March 31, 2016, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that "any person who is finally convicted of a crime referred to in Article 13 of the Act shall be a person subject to registration of personal information" shall be deemed unconstitutional (2015Hun-Ma688), and this part of the Act becomes void.
Therefore, the defendant is a person subject to registration of personal information.