beta
Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On September 2014, the Defendant, who was waiting for the signal on the next lane while driving a motor vehicle, was aware of the victim’s contact information by walking the horses to the victim B (V, 38 years of age) who was waiting for the signal.
On April 30, 2016, at around 09:04, the Defendant sent a video recording of the contents of sexual intercourse between men and women of Ansan-si, Asan-si, one’s own residence, by using smartphone-type D, and then sent two copies of the sexual picture of the male to the victim at the same place on the same day and in the same manner at around 12:02 on the same day.
As a result, the Defendant reached the other party the pictures and videos that cause a sense of sexual shame through telecommunications media with a view to inducing or satisfying his or her sexual desire.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Application of the Acts and subordinate statutes for reporting internal investigation;
1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 201; Supreme Court Decision 201Da1248, Apr.
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. It shall be determined as ordered on the grounds that Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (which shall not disclose and notify personal information, in consideration of the absence of such previous provisions, family relations, the outlines, etc.) are above the aforementioned provisions;