Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

1. On July 2016, the Defendant: (a) obtained seven copies of the victim’s b body photographic photo from the victim who was in contact with the victim C (n, 16 years of age) by using “B” at a closed space; and (b) possessed the victim’s obscenity with the knowledge that he/she was a child or juvenile pornography.

2. On January 22, 2017, at around 18:30, the Defendant sent C’s b body pictures, as seen above, to D using “B”, and provided obscenity with obscene materials for children and youth use, and made the Defendant have received pictures that may cause sexual humiliation or aversion using communications media, such as computers, with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to C or D;

1. The application of statutes to the effect that the Defendant did not send a photograph that may cause a sense of sexual shame or aversion, but, in the case of a sense of sexual humiliation, the determination of whether the Defendant’s photograph was induced on the basis of the general and average persons of the same gender and age group as the victim. In light of the circumstances leading up to the Defendant’s provision of photographs and the contents of photographs, the relationship between the Defendant and D, the age of D, etc., the relevant photograph constitutes image that causes a sense of sexual

1. Article 11(3) of the Act on the Protection of Juveniles against Sexual Abuse (a point of providing obscene materials), Article 11(5) of the Act on the Protection of Children and Juveniles against Sexual Abuse (a point of possession of obscene materials), Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of obscenity using communications media) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 of the Criminal Procedure Act of the Provisional Payment Order