2015 Highest 837 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.)

(E) Violation of Information and Communications Network Utilization Promotion Act

○○ (1965 Employment), Labor

Park Jong-hee (prosecution), Song-hee, and the head of a Si/Gun/Gu (public trial)

Attorney Kim Jong-hee (Korean national election)

October 7, 2015

A defendant shall be punished by imprisonment for not less than six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the accused to attend a community service for 80 hours and a lecture for sexual assault treatment for 40 hours.

Criminal facts

1. Violation of Information and Communications Network Utilization Promotion Act;

At around 22:00 on September 14, 2014, the Defendant sent a text message to the victim Kim ○ (the age of 44), stating that there was no concern about whether he was drinking a cell phone, and whether he was a person. Then, the Defendant sent the text message to the victim as to whether he was sending the text message to the victim, and that it would be said that he would be her would be her that she would be her in the state of being the victim’s pregnancy. Then, the Defendant sent the text message to the victim, “I will know the company,” from around that time to September 25, 2014 by sending the text message to the victim’s cell phone on a total of 15 times as indicated in the list of crimes in the attached Form.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras and photographing);

피고인은 2014. 9. 25. 20:12경 제주시 내에서 위와 같은 이유로 피해자와 사귈 때 촬영 해 두었던 피해자의 젖가슴 사진을 피해자의 전 남편인 현○○의 휴대폰으로 전송하는 등 사후에 피해자의 의사에 반하여 그 촬영물을 제공하였다.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 74(1)3 and 44-7(1)3 (a) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 14(2) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection, etc. of Information and Communications Network Utilization and Information Protection, Etc., and Selection of Imprisonment with labor

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social services;

Article 62-2 of the Criminal Act; Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order to attend lectures;

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

Reasons for sentencing

In consideration of the following circumstances, punishment shall be determined as ordered:

The favorable circumstances: The facts of the crime are recognized and reflected, and the facts that there is no record of punishment for the same crime are disadvantageous to ○: The victim seems to have suffered a considerable mental suffering due to the crime in this case.

This means that it does not receive a letter from the victim.

○ Other: Defendant’s age, character and conduct, environment and circumstances before and after committing the crime.

Obligation to Submit Personal Information

Where a conviction becomes final and conclusive with respect to a crime in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter referred to as the "Act on Special Cases concerning the Punishment, etc. of Sexual Crimes"), the defendant is a person subject to registration of personal information as prescribed in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence, seriousness of the crime in this case, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage, prevention effect of sexual crimes subject to registration which may be achieved therefrom, effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the ground that there are special circumstances that the disclosure or notification of personal information shall not be disclosed or notified pursuant to the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso of Article 50(1).

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