Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 16, 2016, at around 02:22, the Defendant sent a male’s sexual picture to the cell phoneF of the victim E (in female, 41 years old) using a mobile phone for the purpose of inducing or meeting his/her sexual desire in the “D” located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, in order to attract or satisfy his/her sexual desire, and continuously transmit a G address in which video images with sexual intercourse are linked around 03:16 the same day.

Accordingly, the defendant sent the pictures and videos that cause sexual humiliation or aversion through communication media two times and sent them to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to secure obscene photographs and videos transmitted by the person under investigation);

1. Application of statutes, such as photographs;

1. Relevant legal provisions and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Specific Crimes, the Selection of Fines (see, e.g., the following: (a) the Defendant confessions and reflects the instant crime; (b) the first offender; (c) the circumstances to be considered in light of the relationship between the victim and the Defendant; (d) the Defendant did not have clear awareness as to whether his/her act was committed by a foreigner; and (b) the number of times is more than

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;