Text
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
On July 30, 2013, at around 08:27, the Defendant sent his sexual image to a cell phone for the purpose of meeting his sexual desire at Pyeongtaek-si C and 201 (DB5), and sent it to the cell phone of the victim E (55 years old) on the same day and at around 18:46, around 18:47, the Defendant sent his sexual image to the cell phone of the victim to the cell phone of the victim, thereby causing sexual humiliation or aversion to the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of each text messages to Acts and subordinate statutes;
1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;
1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, 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 is obligated to submit personal information to a related agency pursuant to Article 4
In light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of crime, seriousness of consequence and crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s entry, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and effect of protection of 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 Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.