Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Around 21:07 on April 16, 2014, the Defendant sent a sound that causes sexual humiliation or aversion to the same victim by the same method as the victim, including the Defendant’s home located in the first floor in Gwangjin-gu Seoul Special Metropolitan City (Seoul) around 21:07, and the Defendant took measures to restrict the phone number display in mobile phones, among the motion pictures, sent a new sound that female is paid to the victim C (n, 22 years of age) mobile phones at the face of gender relationship between men and women. On the same day, around 21:09, around 17:48 of the same month, around 19:00 of the same month, around 23:00 of the same month.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement regarding C;
1. Application of Acts and subordinate statutes governing mobile phones;
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 elective Punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) 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 judgment of conviction becomes final and conclusive on the instant criminal facts of which personal information is registered in accordance with Article 334(1) of the Criminal Procedure Act, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit the personal information of the Defendant to the head of the competent police office
Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.