A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a Grade 2 intellectual disabled person.

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, the defendant confirmed whether he is a female by phoneing to the needy, and in the case of a female, he displayed his sexual organ by video call, etc., and thought that he will meet his sexual desire.

Therefore, the defendant, around 10:41 on May 14, 2017, 100, she confirmed that she was a woman by leaving a telephone from his/her portable phone to the victim E (the 36th age), using his/her own portable phone in the D station located in Busan Jin-gu, Busan, and confirmed that she was a woman on the face of his/her own. After the call was terminated, he/she displayed the form that she was shaking his/her sexual organ by leaving his/her video phone to the victim by leaving his/her video phone to the left hand.

Accordingly, the Defendant sent to the other party images that cause a sense of sexual shame through telephone with a view to meeting his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of the Criminal Address Act and the Investigation Report Act

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act ( considered as reflecting the depth of the crime);

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant once he/she had been sentenced to suspension of indictment for the same kind of crime, once again repeats the sentence. The Defendant’s choice of imprisonment is not less than that of such crime, but is against the offense, and is a disabled person (class 2 of intellectual disability), the Defendant’s age, sex, environment, etc.