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A fine of two million won shall be imposed on a defendant.
Where the defendant fails to pay the above fine, 100,000 won shall be one day.
Reasons
Criminal facts
On October 28, 2015, at around 14:15, the Defendant sent several text messages to the victim’s mobile phone, such as the Defendant’s cell phone, that the victim D (the victim, the age of 28) would change wage between 4 days and the Defendant’s cell phone, and that the Defendant would wish to look at “in response........., the Defendant would want to do so one time to do so.”
Accordingly, the Defendant sent to the victim a writing that may cause sexual humiliation or aversion through communication media with a view to meeting his/her sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Seizure records;
1. Application of Acts and subordinate statutes to investigation reports (suspect A mobile analysis data reply, etc.);
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;
1. Selection of an alternative fine for punishment;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. Where a judgment on the registration of personal information under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, the accused shall be a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused shall be obligated to submit personal information to the head of a police agency having jurisdiction over his/her domicile pursuant to Article
In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the order for disclosure or notification of personal information is not issued.