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Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
1. At around 17:04 on August 15, 2014, the Defendant sent to the victim B a dynamic image of “the content of sexual intercourse with women,” which may cause sexual humiliation or aversion through the mobile crypt (hereinafter “Kakakao Stockholm”) with a view to inducing or satisfying his or another person’s sexual desire.
2. On September 5, 2014, the Defendant sent to the victim, using the aforementioned method, videos containing “a woman’s writing, etc., referring to a Kakakao Stockholm,” which may cause sexual humiliation or aversion with a view to inducing or satisfying his or another person’s sexual desire.”
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. A complaint;
1. Application of Acts and subordinate statutes to investigation reports (related to results of digital evidence analysis);
1. Relevant provisions of the relevant Act and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Punishment, etc. of Sexual Crimes (Considerations, such as the selection of fines, the revocation of a complaint by the victim, and the fact that the victim
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, the Defendant’s age, occupation, risk of recidivism, criminal records, the contents and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the disclosure order or notification order, the preventive effect and protection effect of the victim, etc.