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Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a Chinese national who enters the Republic of Korea with maturity visit employment (H-2-7) visa.
No person shall have the other party deliver words, sounds, letters, pictures, images, or other things that may cause a sense of sexual shame or aversion by telephone, mail, computer, or other means of communication, with intent to arouse or satisfy his/her own or the other person's sexual desire.
On November 13, 2018, at around 19:07, the Defendant sent the victim D (the victim, who is aged 14) a video call to the Defendant’s residence located in Yeongdeungpo-gu Seoul Metropolitan Government (the victim, who is aged 14) and used the mobile camera function, to photograph his sexual organ.
Accordingly, the Defendant sent to the victim the images that may cause sexual humiliation or aversion through mobile phones with a view to inducing or satisfying the sexual desire.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Acts and subordinate statutes as a result of written statements, male, photographic, and protogram photographs, and F search results;
1. Relevant Articles on criminal facts and Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the language ability, etc. of the accused, it cannot be seen that the completion of a program can be achieved due to the normal completion of a program;
1. According to the proviso to Article 42(1) of the Criminal Procedure Act, where a person subject to registration of personal information is sentenced to a fine for a crime under Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes without any need to file a personal information registration and to submit such information, he/she is excluded from a person subject to registration of personal information. As such, the Defendant does not fall under a person subject to registration of
Considering these circumstances, it shall be considered.