Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

On November 19, 2015, the Defendant sent his image to C (V, 37 years of age) who became aware of the name and telephone number at the Defendant’s office located in Sition City B, Sitagle B, through a citru test of citrus, in a way that restricts the phone number, by posting a video call to the victim C (V, 37 years of age).

Accordingly, the Defendant sent obscene images that may cause sexual humiliation or aversion to the victim by using a portable phone for the purpose of meeting his sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of relevant photographs (the screen of the victim's cell phone reception records to the closure of the victim's cell phone reception records);

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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. On March 31, 2016, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) provides that a person whose judgment of conviction has become final and conclusive due to a crime referred to in Article 13 is a person subject to registration of personal information.

Since “The part” was decided in violation of the Constitution (see Constitutional Court Decision 2015Hun-Ma688, Mar. 31, 2016). Accordingly, the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) was no longer a sex offense subject to registration of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Therefore, the defendant is not subject to the registration of personal information and the disclosure order or notification order based on the premise thereof, and even if the conviction is finalized, the defendant is not obligated to submit personal information to the related agency, and the defendant is not ordered to disclose or notify the information.

Sentencing.