Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

On November 23, 2015, the Defendant posted the phone from the Defendant’s home located in Sungnam-gu Seoul Special Metropolitan City, 06:53 on November 23, 2015, to the Defendant’s cell phone with his own mobile phone, and said, “00 am off, and 00 am this chest.”

As a result, the Defendant reached the other party that may cause sexual humiliation or aversion through telephone, which is a communication medium, with a view to inducing or satisfying his own sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation, a record, or a mobile phone recording file;

1. Application of Acts and subordinate statutes to investigation reports (report on the result of execution of communication confirmation data);

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment for the defendant in light of the fact that the defendant's reason for sentencing of the sentence of this case under Article 334(1) leads to the crime of this case during the suspension period of execution due to the crime of this case, and that the victim complained of mental suffering due to the crime of this case, and that the defendant wants to be punished with severe punishment. However, the defendant shows that he/she has been led to confession and reflect in this court, and that he/she has no record of being punished for the same crime of this case, the punishment is to be determined as ordered in consideration of the nature and illegality of the crime of this case, degree of recidivism, risk of recidivism, the defendant's age, sexual conduct, and circumstances after the crime

On March 31, 2016, the Constitutional Court of Korea has issued an order to register personal information and to disclose or notify personal information to a person subject to registration of personal information who is finally convicted of a crime under Article 13 (obscenity by means of communications media) in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.