Text
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 24, 2014, around 02:44, the Defendant sent a photograph of the sexual organ of a male who could cause sexual humiliation or aversion using smartphone caroooox, in his own house, Seo-gu Incheon, Seo-gu, Incheon, 401, to the cell phone of the victim C (52 years old).
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the Acts and subordinate statutes to male photographs transmitted by the suspect;
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 and Selection of Fines;
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 conviction of a defendant against a sexual crime subject to registration becomes final and conclusive in regard to the criminal facts subject to registration as stated in Article 334(1) of the Criminal Procedure Act, the defendant 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
In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the 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 the disclosure of 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.