A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

On April 25, 2016, around 12:10 on April 25, 2016, the Defendant sent video images with male and female exposure to sexual organ and sexual intercourse, using the function of the cell phone in the Defendant’s residence at 147 Dong Dong 1012, Gwanak-gu, Seoul Special Metropolitan City.

As a result, the Defendant sent to the other party images that may cause sexual humiliation or aversion through communications media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the Acts and subordinate statutes to photographs by capturing the video;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Taking into account the selection of punishment, the initial crime and the reflection thereof, etc

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

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

1. On March 31, 2016, the Constitutional Court of the Korea has issued an order to register or disclose personal information under Article 334(1) of the Criminal Procedure Act to a person subject to registration of personal information, or an order to notify the disclosure thereof.

“Inasmuch as the portion was determined as unconstitutional (2015Hun-Ma688), this part of the legal provision was invalidated.

Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise.

It is so decided as per Disposition for the above reasons.