Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On February 20, 2019, at around 13:50 on February 20, 2019, the Defendant had an emergency stairs between the 8th and 12th floor of the above apartment E-dong and the 12th floor used by unspecified people visiting apartment residents and apartment houses, such as D (tentative name, leisure, 10 years old) in the shape that he/she would wish to report his/her sexual organ image in the apartment of the defendant's dwelling located in Geum-gu, Busan.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. F stenographic records;

1. A report on investigation (the video recording of the victim's age of 10,00,000);

1. Application of Acts and subordinate statutes to a report on investigation (personal information of the suspect) (a copy of the Act);

1. Article 245 of the Criminal Act and Article 245 of the Criminal Act concerning the crime, the choice of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. A crime of determining whether a person is subject to an order to register, disclose, or disclose personal information under Article 334(1) of the Criminal Procedure Act is an offense provided for in Article 2(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and does not constitute a sex offense subject to the registration of personal information under Article 42(1) of the same Act, and does not constitute a sex offense subject to an order to disclose or notify personal information under Articles 47 and 49 of the same Act, and thus does not constitute a duty to submit

Considering the Defendant’s age, family environment, character and conduct, risk of recidivism, details and motive of the crime, seriousness of the crime, prevention of sex crimes expected by an employment restriction order, and the degree of disadvantage and anticipated side effects of the Defendant resulting therefrom, etc., the court held that there are special circumstances where an employment restriction order should not be issued to the Defendant. As such, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse is applicable.