Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On August 8, 2018, the Defendant taken his sexual photograph using a mobile phone at the residence of Gangdong-gu Seoul Metropolitan Government B building C, and transmitted it to the mobile phone of the victim D (V, 70 years old).

As a result, the Defendant sent to the other party a photograph that causes a sense of sexual humiliation or aversion through telephone or other communication media with a view to inducing or satisfying his or another person's sexual desire.

Summary of Evidence

1. Statement made to D by the police;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to investigation reports (Submission of a victim's evidential document and a photograph), text messagess, and evidential materials;

1. Article 13 of the relevant Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 15977, Dec. 18, 2018; hereinafter “former Act”) and Article 13 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, on which a sentence has been selected,

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was between the Defendant and the victim from around December 2, 2017 to September 12, 2018. In light of the content of text messages sent by the victim to the victim around September 2018, the Defendant’s sexual picture (hereinafter “the instant photograph”) does not constitute “the photograph that causes sexual humiliation or aversion” under Article 13 of the former Act.

In addition, considering the background leading up to the removal of the instant pictures as relative, the victim’s access to the Defendant, etc., the instant pictures cannot be deemed as “the pictures that cause sexual humiliation or aversion” of the victim.

2. Determination

A. The applicable legal doctrine provides that “an act that causes a sense of sexual humiliation or aversion.”